Legal Question in Family Law in Texas
I am recently seperated from my husband and at this point, I plan to get divorced. He has been unemployed for over a year and a half after a volunteered retirement. When he left his job, he accepted a $$ package from the company which we have gone through. He also has a 401K plan. He already withdrew $4000.00 from the plan in order to pay bills. My question is: if we divorce I understand that half of the 401K will be mine, how do I make sure that he doesn't withdraw the remaining money and use it while the divorce is in process? How do I secure my portion now? Do I have access to the money in his 401K plan now?
1 Answer from Attorneys
The percentage of the 401K that would be yours depends on how long you were married versus how long he has had the 401K. The portion of his 401K from that is derived from his premarriage employment would be separate property, and only the post-marriage portion would be community property, which would be divisible. You wouldn't have access to the money now, unless you got a court order granting same.
You need to consult with an experienced family law attorney on this. Upon filing for divorce, you could get an immediate temporary restraining order to freeze withdrawals, though your husband might be able to seek permission from the court to make withdrawals for living and legal expenses.
Good luck,
Marc A. Pederson
Attorney at Law
http://www.pedersonlaw.com
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