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A very common question clients have is do I have to divide my 401K in my divorce? Will the judge allow me to keep 100% of my 401K? The answer is that yes it is possible to keep 100% of your 401K. It is also possible that your spouse could keep 100% of the value of your house. The judge in Texas does not have specific rules of law to follow as to how precisely to divide a 401K. Rather, the judge must divide things in a way that is fair and equitable.

If the parties have an agreement that one spouse will keep the entire 401K, then a judge will honor the divorce decree stating this, so long as it is presented in a form that is acceptable to the court.

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