If my mother was awarded the house and a portion of your ex husband’s 401k in the divorce, is there any way she can lose either if they get back together?

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If my mother was awarded the house and a portion of your ex husband’s 401k in the divorce, is there any way she can lose either if they get back together?

Asked on October 15, 2010 under Family Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

An order and/or a judgement that has been entered can not - as far as I know - be "nullified" by the remarriage of the spouses.  That would allow for much deception and fraud by allowing the "losing" spouse to really go around the established legal system and procedures that apply to all other areas of the law - such as debtor and creditor judgements - simply because of the special relationship of the parties.  In other words, it would mean divorces would have their own "set" of laws and procedures.  That is simply not the case.  The only plus in Texas to remarrying your ex spouse is that you do not have to wait the 30 days for remarriage as required by law.  I would caution your Mother to take it slow and not to remarry just yet.  Try dating her ex for a bit.  Good luck.


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