Do I need to get my wife's signature to get my 401K? 1 Answers as of July 14, 2011

I had a 401K before I got married. We lasted only 2 weeks but we never divorced. Do I need her signature to get it?

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Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
This is a sticky situation. First, the money put in before marriage is your money, however the money put in after marriage is technically community money, and any income earned during the marriage (even interest/growth on money put in prior to marriage) is community funds. What you need is a divorce. I run across this situation more often than a person reasonably should. People marry, and just never get around to the divorce. Although your physical marriage lasted two weeks, your legal marriage still exist and everything you have bought and everything she has bought is all community property. Best thing you can do is get a divorce declare you get your stuff, everything including vested and unvested retirement, etc. Give her stuff to her too. This is no time to be greedy because you don't want her getting greedy.
Answer Applies to: Texas
Replied: 7/14/2011
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