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In this weekly column, we’ll help you navigate financial gray areas, from marriage to inheritance and more. Submit your money question here.
Hello, Money Scoop! I’m an older millennial in Texas who is married with two kids. I make about $42k a year while my husband makes about $95k. I believe we are going to break up soon. I have about $32k in retirement accounts and recently opened a FU account where I save about $400 a month. Will my spouse be entitled to my FU money if we divorce? Soon ex in Texas
While I don’t know the ins and outs of your particular situation, I do know that Texas is what is called “community ownership”. Does this mean your husband? could you are entitled to receive a portion of the amount that you set aside.
In many community property jurisdictions, any income earned by either spouse is considered joint property, even if some of that income is held in a personal bank account. I’m assuming that the money you put into your secret bank account comes directly from your paycheck, which means your spouse may have a legal right to claim some of that cash during the divorce proceedings.
On the other hand, you may be legally entitled to claim a portion of your spouse’s earned income, and if they have a secret bank account, that cash may need to be shared as well.
A lot of this will depend on whether or not you have a prenup before you get married, and whether your divorce lawyers can negotiate an amicable settlement. Keep in mind that these negotiations will include not only assets acquired during the marriage, but also alimony, child support, and other post-divorce financial deals.
What you really need to do is talk to a Texas divorce attorney. Today. They will be able to give specific advice and let you know if you can expect to keep any of your socks.—Nicole Dicker, guest columnist for Money Scoop