Legal Question in Family Law in Texas
I have been married over 25 years. My wife has not worked during this time. What is she entitled to regarding 401(k), pension plan, social security, etc after divorce? We live in Texas.
Asked on 4/06/10, 8:55 am
1 Answer from Attorneys
Keith Engelke
Law Office of S. Keith Engelke
Texas is a community property state. All earnings or property received, besides gifts and inheritances, are presumed to be community property. She is entitled to half your contributions and earnings made or accrued during the marriage for 401(k) and pension. I am not sure about social security. I do not think that she is entitled to your social security payments after divorce. Prior to divorce, the payments become community property.
Answered on 4/11/10, 9:13 am