Can My Spouse Take My Retirement in a Texas Divorce?

Can My Spouse Take My Retirement in a Texas Divorce?

When divorce becomes reality, one of the biggest concerns for many Texans, especially public employees like teachers, first responders, and state workers, is whether they’ll lose part of their retirement. If you’ve worked hard for years building your future, it’s only natural to ask: Can my spouse take my retirement account in a Texas divorce?

The short answer is: it depends. But here’s what you need to know from the Texas divorce attorneys at Ashmore & Ashmore Law Firm in Rockwall and Terrell.

Understanding Community Property in Texas

Texas is a community property state, which means that most assets acquired during the marriage are considered jointly owned by both spouses. That includes things like real estate, vehicles, bank accounts, and yes, retirement accounts.

So, suppose you contributed to a retirement account during the marriage. In that case, it’s likely that part (or all) of it may be considered community property, and therefore subject to division in the divorce.

What Happens to Retirement Accounts In Texas?

Retirement accounts can be complex, and the way they're divided depends on a few factors:

• When the account was started: If you had the retirement account before the marriage, that portion is considered separate property and is generally protected.

• Contributions during the marriage: Any increase in value or new contributions made during the marriage may be divided.

• Other assets: In many divorces, attorneys try to negotiate a division of property that allows one spouse to keep their retirement intact in exchange for giving up another asset (like the house or a vehicle).

For example, if your soon-to-be ex has their own retirement or investment account, they might be more willing to leave yours untouched in exchange for protecting theirs.

Public Employees: A Special Note

If you’re a public employee in Texas, such as a teacher, police officer, firefighter, or state worker, you may have special concerns when it comes to retirement. Many of these workers are not eligible for Social Security and rely solely on their pension or retirement account for income in retirement.

Losing part of that retirement in a divorce could mean going back to work later in life or living on a reduced income. That’s why it’s critical to work with a Texas divorce lawyer who understands how to protect these unique accounts.

Can You Protect Your Retirement?

Yes, but it often involves negotiation and smart legal strategy. A skilled Texas divorce attorney will work to:

• Identify which assets are community vs. separate property

• Evaluate the value of all marital assets

• Negotiate a property division that minimizes the impact on your retirement

Sometimes, that means trading off a larger portion of another asset (like equity in a home) to protect your future income.

Don’t Guess, Get Legal Guidance

Dividing retirement accounts can become complicated quickly, especially in long-term marriages or cases involving pensions and public employee benefits. At Ashmore & Ashmore Law Firm, we’ve helped countless clients across Rockwall and Terrell protect their financial future during divorce.

We understand the intricacies of Texas family law, and we fight to ensure our clients don’t walk away with less than they deserve.

📞 Contact us today for a FREE consultation and let’s talk about how we can help you protect what you’ve worked hard to earn 972.325.5938