Dallas Attorney Shelly B. West serving Dallas, Collin, Tarrant and Denton Counties.
Attorney Information
Contact Us
Courthouse Maps
Frequently Asked  Questions
Home
Lawyer Jokes
Legal Forms
Legal Information
Legal Links
Office Maps
Press Room
Site Map
Web Specials
What's New-TX Law
Our Dallas law offices are directly off the DART rail Lover's Lane Station.
Our Dallas law offices are directly off the DART Lover's Lane Rail Station
Dallas Attorney accepting Visa.Dallas Attorney accepting Mastercard.Dallas Attorney accepting American Express.
requently asked questions concerning  divorce  lawyers texas help,Dallas attorney, Shelly B. West

Divorce and Retirement Asset

Question: The divorce is long over, but the retirement asset has not been divided according to the decree. How do I get what was awarded to me in the divorce?

Answer:   In a Texas divorce, the court has jurisdiction to divide community property of the parties, which is presumed to be all property or liability obtained during the marriage. This includes retirement assets. Many corporate retirement plans require a Qualified Domestic Order (otherwise known as a QDRO) from the court in order to set aside the asset to the non-employee spouse.

It is not uncommon for the divorce decree to be entered without the necessary QDRO. This is true because the husband and wife are anxious to finish the divorce, and it can be tedious waiting for the company QDRO department to approve of the form of the QDRO order.

The QDRO should not require the signatures of the parties to be entered. If one party attempts to hold up the process, by not signing off, then you may file a Motion to Enter the QDRO. That way, the judge reviews the requirements of the decree, the company has already approved of the FORM of the QDRO and the hold up from the other spouse is nullified.




Back to Legal Information        Back to FAQ

Submit your Dallas area related legal question here

Attorney Information : Contact Us : Courthouse Maps : Disclaimers & Privacy Policy
Frequently Asked Questions : Home : Attorney Jokes : Legal Forms : Legal Information : Legal Links
Office Maps : Press Room : Site Map : Web Specials : What's New in TX Law