Legal Question in Family Law in Texas

in the state of texas when you divorce and one person in the marrage has a 401K does that get split equally


Asked on 11/27/10, 12:31 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Everything is negotiable in a divorce.

Technically everything that is community property is divided 50/50. However, we don't cut couches in half! Also, there might be reasons for a property division not be to be 50/50.

You need to talk to an attorney.

Also, a decree is not enough to tell an employer to divide the 401k - you need the required paperwork to order the employer to do the necessary paperwork. Confused? Hire an attorney. If you are talking about thousands of dollars, you need a professional to assist you in this complex matter. Sometimes a divorce is not a simple matter when a lot of money is involved.

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Answered on 12/02/10, 12:56 pm


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