Legal Question in Family Law in Texas

Re: Husbands retirement/ ours or just his

All earings, including retirement accumulations are considered to be community property in Texas. A portion of the account is yours. In a divorce, a judge can award those funds in a way that is "just and right". There are formulas available to determine how much is community and how much is separate, depending on the nature of the original account and the relative length of marriage. If it is put into an account with other community funds or if it is otherwise comingled over the years (perhaps with accumulating interest which is clearly community) then he might even lose the separate claim to his part if it.

If he were to die, he could leave his separate part to someone else and his portion of the community part, but not your portion. If he does not have a will, then state law will determine the distribution of all of his property.

You are smart to put it into a tax exempt account, but make sure that you follow the rules precisely so that you do not pay taxes on it upon distribution to you. It may be too late so talk to a tax attorney, a family law attorney, or a CPA immediately.

If your marriage is stable, then you and your husband need to have some clear conversations about financial matters before they become a severe issue with you. If your marriage is not stable, then you need to seek counsel from a family law attorney to advise you of your situation in the event of divorce. That does not mean that you need to get divorced, just that you should know the effects of your actions in that event.