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