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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
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Experience:  Attorney with experience in family law.
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My husband and I have been married since 2001. We were divorced

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My husband and I have been married since 2001. We were divorced in 2003 and remarried the same year. There is around 400000.00 in a retirement account in his name. If we were to divorce would I be entitled to half of that? We live in Texas.
Thank you for your help.
Submitted: 5 years ago.
Category: Family Law
Expert:  Lucy, Esq. replied 5 years ago.

My name is XXXXX XXXXX I'd be happy to answer your questions today.

Texas is a community property state. That means that, at divorce, the spouses will split all of the marital assets. The remarriage effectively voids the original divorce agreement. So, you're entitled to half of whatever portion of the money in that retirement account was contributed during the marriage - so, from 2001 - 2012. You're not entitled to whatever money happened to be there after you married, or the interest earned on that amount.

Good luck.
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