Houston, TX asked in Divorce for Texas

Q: Am I entitled to 1/2 of his 401K or what he stated was in the account in November 2017. To be paid to me by Dec.15, 2017

I was pro se in the divorce and my husband had an attorney. He stated that there was $7000 In his 401K. In the final decree is attorney put that I was to get $3500 which is 1/2 of the 401K. I had spouse call to see the balance of account and it was $13,800 around Dec. 10,2017. He doesn't want to give me 1/2 He wants to go with $3500 which is on final divorce decree. We had a big argument because he clearly lied. He knew that there was more than $7000. Am I entitled to half of the $13,800 or do I have to accept the $3500.

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1 Lawyer Answer
Robert W. Leonard Jr.
Robert W. Leonard Jr.
  • Fort Worth, TX
  • Licensed in Texas

A: If your order states $3500, that is the amount he is required to give you. If your order states that he is to provide 1/2 of the 401(k) as of a certain date, then that is the amount he is required to give you.

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