Legal Question in Family Law in Texas

Disability/Divorce

I am 100% disabled. My wife is threatening to divorce me and wants a % of my 401K retirement income. I believe that my disability income is protected, but can she take my retirement income that I accumulated before I married her 4 yrs ago? She is currently working full time. I quit working 2 years ago.


Asked on 7/19/07, 2:47 am

1 Answer from Attorneys
Fran Brochstein Attorney & Mediator

Re: Disability/Divorce

When you divorce, all the debts and assets will be divided by the parties or the court.

Assets and debts BEFORE marraige stay your separate property.

All assets and debts DURING marriage need to be divided -- husband and wife's assets and debts.

She can ask for some of your retirement and you can ask for some of her retirement.

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Answered on 7/19/07, 6:07 pm


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