Legal Question in Family Law in Texas

Re: Retirement Plan

All community assets are subject to division by the court even if they are earned during seperation. You husband doesnt necessarily get 50% but that is the presumption. There are factors that my cause the court to not follow that formula.

Re: Retirement Plan

Your husband is entitled to 50% of assets accumulated during the marriage. If you owned something before marriage, then that is your separate property.

Sometimes, a spouse will waive the asset since the cost of creating the paperwork to divide the asset is more expensive than the asset.

If you have any questions, give me a call. A divorce without children is not too expensive. Dividing a retirement plan can be a real pain (I've done one for a major corporation than has taken 2 extra court appearances because the company won't accept the usual Texas wording.)

My office phone is 713-847-6000. Cell phone 713-805-9591.