Legal Question in Family Law in Texas

Prenuptial Agreement - Retirement Accounts

Before getting married, all I have and/or care about are the retirement accounts I have created prior to the marriage. Is a prenup really necessary in my case if this is my only concern? Or could I have a simple document created stating something like ''all retirement accounts created prior to marriage along with any/all future dividends and growth shall only belong to the original contributor?'' Would a simple document only covering this topic give me the protection I need instead of going through a detail and extensive prenuptial agreement? If you are dealing with a retirement account that is worth $100K for example today at age 27, this amount can be very large 30 years from now.

Thank you so much for your time!

Curtis


Asked on 9/16/08, 12:43 am

1 Answer from Attorneys
TC Langford Langford Law Office

Re: Prenuptial Agreement - Retirement Accounts

In essence, the law recognizes all property acquired before marriage as separate property. In the event of a termination of the marriage however, the arguing over what existed prior to the marriage can get very expensive.

Know that the property acquired after marriage is community property, and you writing out a document will not prevent that from being the law.

If you want to learn what you can and cannot protect with a prenup; and get it protected right, you should retain a lawyer to prepare the appropriate, enforceable document.

Read more
Answered on 9/19/08, 1:36 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Texas