What Money Can’t Be Touched in a Divorce?

Money that can’t be touched in a divorce is the money that is designated as separate property. This includes money acquired before the marriage, as a personal gift, or as an inheritance to one spouse. If you are confused about what property can be divided, you should hire a divorce lawyer.

Is My Spouse Entitled to Half of My 401(k) in a Divorce?

Your spouse may be entitled to half of your 401(k) during a divorce if the contributions to the account occurred during the marriage or used marital assets. However, there are exceptions. If contributions to the account were made before your marriage, that amount, and any growth, may be separate property. Furthermore, you may be able to create a division plan where you keep the 401(k) while your spouse keeps an equitable amount of other assets.

What Are the Three C’s of Divorce?

The three C’s of divorce are communication, cooperation, and compromise. When these three principles are present during divorce proceedings, it is more likely that you and your spouse can reach an agreement on the terms of your divorce. The three C’s can also help encourage amicability during and after the divorce. A divorce attorney can foster an environment with the three C’s by facilitating good-faith discussions and offering solutions.

What Qualifies as a High Asset Divorce?

Since a high asset divorce is not specifically defined under divorce laws, it can be somewhat ambiguous what qualifies as a high asset divorce. In general, this term refers to a divorce case that involves at least $1 million in marital assets. Beyond simply having a high net worth, these cases often involve complex assets such as business assets, multiple properties, and significant investments.

Non Marital Cohabitational Agreements in Texas

In Texas, you can be common law married which is also known as an informal marriage if you and your partner agree to be married, live together and hold yourselves out to the public as a married couple. There is no time limit on how long you reside together. Once you are common law or informally married, you would need to file for divorce to dissolve it. If you and your partner decide to live together, you can consider executing a non marital cohabitational agreement to prevent either party from asserting a common law or informal marriage in Texas. It can cover issues such as “eviction” of one partner from the other partner’s property, potential reimbursement claims, and other potential property and financial disputes that can arise when living together as an unmarried couple. Contact KGK Family Law PLLC or visit us at www.kgkfamilylaw.com to determine any legal needs.

About the author: Yasmin Kutty

Founding Partner at KGK Family Law

Yasmin Kutty is the Founding Partner at KGK Family Law, where she focuses on family law matters. Licensed by the State Bar of Texas since 2009, she represents clients in a wide range of family law cases. Yasmin earned her Juris Doctor from Loyola University Chicago School of Law in 1995. She serves clients from the firm's offices in Houston, Stafford, and Austin, Texas, providing knowledgeable legal guidance tailored to each client's circumstances.

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Non Marital Cohabitational Agreements in Texas

Houston

Fort Bend County / Sugar Land