Legal Question in Family Law in Texas

Retirement - Divorce

I am getting a divorce (3 mo's married). I have a prenup that states all current & future earnings from my retirement accounts remain separate (purchased before marriage). My question is this. I have until April 15th to invest into my retirement accounts for 2008. Once I file the petition, it takes 61 days to be come legally final. If we don't become legally divorced until after I file the return, could she ever be entitled to those accounts? Those monies may not be purchased or invested before the divorce is final.


Asked on 2/12/09, 3:37 pm

2 Answers from Attorneys

Robert Matlock Robert J. Matlock, P.C.

Re: Retirement - Divorce

Texas law helps you in several ways:

1. The court will presume the pre-nup is valid the burden is on the other party to prove otherwise,

2. The "tracing" rules allow a person to "trace" funds that are separate property into other assets thereby making the purchased items separate property.

Since marital property is rather complex, I suggest you hire a lawyer to help you.

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Answered on 2/12/09, 3:44 pm
Edgardo Baez The Baez Law Firm, P.C.

Re: Retirement - Divorce

The prenuptial agreement is binding and presumed valid unless challenged and found not binding. The burden is too high to do. On the other hand, once the divorce is final, whether before or after the 15th makes no difference for entitlements to your soon to be ex-spouse, since there is a prenuptial in place.

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Answered on 2/12/09, 4:49 pm


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