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Can my spouse get part of my retirement, 401k, or pension in a divorce?
Can my spouse get part of my retirement, 401k, or pension in a divorce?

Texas is a community property state. This means that all property acquired during marriage and on hand at the time of divorce is community property belonging to both spouses equally. This is true for retirement, 401k, and pension plans too.

Federal law and Texas law combine to provide a non-employed spouse with certain protections of their interest in their spouses retirement plan. During a divorce, it is critical that these dates and values of the retirement plans be properly considered by the parties. Additionally, dividing retirement accounts will require special documents or orders that contain language required by the plan administrators in order to effectuate their division. It is absolutely critical that you have an attorney assist you with the evaluation and division of retirement accounts during a divorce.


Family law can be complicated.

This blog contains some of the most common questions that our family law attorneys receive. Search or click below to learn more about common family law issues regarding divorce, child custody, adoption, and CPS.


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