Legal Question in Family Law in Texas
I am getting a divorce in Texas. My husband has a 401K he said he had it before we got married, but i think he got it when he got the new job when we were married. We have been married 6 years. Can i ask for 50% of his 401K or not?
2 Answers from Attorneys
Based on what you have written, more specific facts would be required to provide you with any guidance. Generally, any money earned during the marriage is considered community property. You should really consider talking your case over with a local law firm to ensure that you are fully protecting your rights and interests.
The above response given is not intended to create, nor does it create an on-going duty to respond to questions. Additionally, the response does not form an attorney-client relationship, nor is it intended to be anything other than an educated opinion. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.
It is less important when he began contributing to his 401 (k) because all contributions made during the marriage are subject to division, with you entitled to 50% of those contributions. The retirement account may be part community property and part separate property. You will be able to discover the specifics during the pendency of the divorce. I am a board certified specialist in the field of family law, practicing in the Houston area. You need to hire an attorney of your own to reperesent you in the divorce. I would be glad to visit with you concerning what you should expect from the divorce process. If you are interested in talking, please contact me directly.
Bruce C. Zivley