Could my ex husband get half of my 401k after only three years of marriage?

Your ex is only entitled to 3 years worth of interest in your retirement plan, which in the grand scheme of things is likely very little. Texas is a community property state which means that any income earned by either your or your husband during the marriage belongs to you both. Because you have only been married a short while, he doesn't have a very large stake in the earnings from your retirement plan. Be sure to seek the counsel of an experienced divorce lawyer in your area for more information.

Typically, a person in your husband's position could not get half your 401(k). The most he could get would be the appreciation in the 401(k) during the 3 years of marriage. And while ten years is not a meaningful period of time in Wisconsin, it is true that in a short marriage, the property is not likely to be divided equally. Finding a good matrimonial lawyer is usually a good idea when you are getting a divorce.

He might be able to have a portion of the retirement that was acquired during the marriage only.

From what you have described, he may be entitled to 1/2 of the post-marital principal and income earned between the date of marriage and the date of separation.