My question involves marriage law for the State of: TX
We are getting married in mid 2013 and will have a pre-nup to protect (old) separate property retirement assets obtained prior to marriage. I understand that TX law requires the spouse to be the beneficiary of (new) common property retirement assets unless the spouse agrees otherwise. I will also select my spouse to be the beneficiary of the separate property retirement assets worth about one million dollars. These assets consist of a 401K, IRA, etc. They will be kept separate from new contributions and not commingled.
Does the law allow me to select anyone as the beneficiary of the premarital assets without the spouse's consent?
Since I am selecting my spouse as the beneficiary, can I legally change the beneficiary of the separate property assets at any time during the marriage without her consent?
Does the pre-nup need to state such to be protected?
I know that anyone can contest anything in court, but I desire to establish some basic protection and a reasonable defense on the front end.
Thanks for the advice.