ATTORNEY BLOG | Family law in Texas, with its nuanced complexities, is often difficult to navigate. Our attorneys strive to make our clients' lives easier and often post information here that may help explain specific items related to divorce.

Retiring from Your Marriage? Time to Consider your Employee Benefits & Retirement Funds.

You don’t have to be 65 when you retire from your marriage, but you still need to take care of the funds you get when you turn that age. Will you be able to keep all of it, some of it, or none of it?

Bad news first: The presumption in Texas is that all property is community property and can be divided in a divorce.

Your marriage may be over, but you’re still headed to 65…get with a family lawyer to make sure you still have funds when you get there.

The good news: Texas also recognizes separate property, which cannot be divided in a divorce. Separate property consists of property a person had on the date of marriage, property that was a gift, or property that was inherited.
Retirement, and certain employee benefits are presumed to be community property and can be divided by the court. If a divorcing employee believes that any of their retirement or employee benefits are separate property, the employee will have the burden to prove that it is their separate property.

It is important for both divorcing spouses to seek legal advice before dividing such assets. Why? Because bad things can happen. Example A: an employee spouse loses benefits that were rightfully her separate property. If this happens, the court cannot “fix” the problem, because it is a mistake that cannot be reversed. Example B: a non-employee loses out because the benefit was not divided correctly, sending everyone back to court. In both cases, a savvy family lawyer probably could have avoided a lot trouble.

Your marriage may be over, but you’re still headed to 65…get with a family lawyer to make sure you still have funds when you get there.