Legal Question in Family Law in Texas

I have been married less than a year with my wife however we have seperated after one month of living together. Can she still get half of my 401K and bank accounts?


Asked on 8/17/11, 5:59 pm

1 Answer from Attorneys

Thomas Daley KoonsFuller PC

No. But the longer you stay married, the more she can get.

She will be entitled to a "just and right" (say, 50%) share of the increase in value. In other words, if your 401(K) was worth $100,000 on the day you married and is worth $110,000 on the day you divorce, she is entitled to a portion of the $10,000 increase. That assumes there are no other assets or debts to divvy up.

Separating property is a complex task and it's easy to have your rights trampled. Please consult with a local family law attorney who can help you get all this done properly.

Good luck!!

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Answered on 9/11/11, 9:17 pm


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