White Oak, TX Divorce Law Firms & Lawyers

Yes, your wife can divorce you. You may want to start the proceedings here though, and very soon, so that the court here has jurisdiction. She cannot touch your social security payments because of Federal law, although if you are receiving any payments on behalf of your children, they might be used for child support. If you want to keep the children, you must ask the court to give you custody. In Idaho, the courts are required to maintain the parental relationship unless it would cause harm to the child. But again, in Idaho, one party cannot move out of state with the children without the agreement of the other parent or a court order. In that case, the court must find that it is in the best interests of the child to move. It doesn't sound like your pension is subject to community property, but it may be subject to child support.

Unless you and your spouse executed a premarital agreement stating otherwise, all income earned during the marriage is presumed to be community property in Texas unless you have evidence suggesting that it was a gift, inheritance, or otherwise your separate property. So, yes the funds in your 401k would likely be considered community property subject to division in a divorce.