Legal Question in Family Law in Texas

Divorce

My wife has a 401K which she had with employer for over twenty years of which I have been married 17 years, also she has received settlement for wrongful death suit are these areas considered as community property?


Asked on 6/23/09, 2:57 pm

1 Answer from Attorneys
TC Langford Langford Law Office

Re: Divorce

Regarding the 401k, 17/20ths should be considered community and probably a 50-50 split. The wrongful death settlement, if paid during the marriage, may or may not be community, depending upon how the monies were characterized in the order. Generally speaking, lost wages are community, pain and suffering are separate. The funds need to be identifiable as separate, and not commingled to remain separate. Consult with a lawyer before taking any action.

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Answered on 6/23/09, 6:18 pm


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