Property Division in Texas Divorce Cases

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If you are thinking about getting a divorce in Texas, or if you are already involved in a Texas divorce case, you may be wondering about how the court will divide your property in the event that you and your soon-to-be-former spouse are unable to reach a property settlement agreement. Texas is a community property state, and the guiding principle that Texas judges follow when dividing up the property in a couple’s community estate is that the distribution must be “just and right”.  As noble as that sounds, it is entirely possible that a “just and right” property distribution which is created by a judge, and not by the parties themselves, could leave one or both of the divorcing parties very dissatisfied with the outcome.

In a community property state like Texas, each of the debts or assets of a married couple can be placed into one of two categories, community property and separate property. Community property consists of all property that was acquired by either spouse during the marriage, as well as all debts that were incurred by either or both spouses during the marriage. Some assets or debts may be excluded from a couple’s community estate and regarded as separate property if they were received or incurred solely for the benefit of one spouse during the course of the marriage. Examples of situations in which property that appears to be a part of the community estate may instead be a part of one of the spouses’ separate estates are when one spouse inherits a sum of money from a family member, or when one spouse takes out a loan for equipment that they use for a business that they, alone, are involved in.

When a divorce case is decided by the court, the judge might order a ratio of distribution that is not a 50/50 split. Factors like disparate earning capacity or time spent at home caring for children can result in a property award that is 55/45 or even 60/40. Other factors that may weigh on the judge’s decision include the age and health of the parties, whether one party is at fault for the dissolution of the marriage, what kinds of assets comprise the community estate, the values of the separate estates, and child custody.

An East Texas divorce attorney can help you to get your divorce case moving in the direction of a property settlement by communicating with the other party’s attorney, if they have one.  Even if the other party does not have an attorney, your attorney can speak with them directly about how you would like to divide the marital property. This is often more effective than speaking with them yourself, because it creates distance between the two of you and makes for less of an emotionally-charged conversation than it would be if it were just the two of you. If your case goes to mediation, your attorney can represent you in that process as well.

An experienced Longview divorce attorney can also help you to understand and evaluate a property settlement offer which has been proposed by your soon-to-be-former spouse. Do not agree to any distribution of property until you are absolutely sure that it is in your best interest to do so. If you have any questions or concerns about how property will be divided in your divorce, or if you would like to learn more about property settlements in Texas divorce cases, schedule a free consultation with East Texas divorce attorney Alex Tyra. Call us today, at (903) 753-7499, or fill out the convenient online contact form which is located on our website.

 

Addressing Your Children’s Needs During Your Texas Divorce

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Going through a divorce is difficult for anyone, but for parents with a divorce case underway, it is even tougher.  Specifically, parents have to attend to their own feelings about the divorce as well as the feelings of their children.  In fact, not only do they have to figure out how they will manage the day-to-day details of their own lives, they also need to do so for their children as well.

If you are a parent and you are involved in divorce proceedings, you may have questions about how to handle some of the emotional and practical effects that your divorce will have on your children. Throughout the course of your divorce, two questions are likely to remain at the forefront of your mind – what do your children need from you, and how you can ensure that they get it?  The good news is that if you have already asked yourself these questions, you are probably providing your children with all of the support that they need during this very challenging time. Notwithstanding, there still are some specific things, described more fully below, that you can do to reduce the impact that your divorce will have on your children.

The most important need that all children have during a divorce is to feel loved and accepted by each of their parents, and to feel as if they are just as valued and important as they were before the divorce.  Keeping intense discussions, arguments, and other negative interactions out of the earshot of your children can prevent unnecessary feelings of guilt, or of having to choose a side. Children should not have to take on any parental roles or duties, or make any decisions, such as the decision about which parent they will live with.

Another very important thing that you and your soon-to-be-former spouse can do for your children during your divorce is to keep your daily and weekly routines as close as possible to the way that they were during your marriage. From a child’s perspective, routines and familiarity create a feeling of safety and security at a time when they need it the most. Temporary orders from the court can help you to preserve your family’s routines and schedule during your divorce.

When you are involved in a divorce, strong emotions may make it difficult for you to “keep it together” and to effectively move forward.  However, your children need you to be brave and strong, and to keep on conducting business as usual. In order for you to do so, you must take care of your own emotional needs. Talking with friends and family, going to therapy, exercising, writing in a journal, or spending time outdoors can all help you to work through the tangled web of emotions that you are currently feeling. Taking care of your emotional needs will help you to be able to be calm, present, and seemingly unruffled when your children are in your care.  It will also help you to work through the practical details of your divorce so that you can make important decisions with a clear mind and vision for your future.

If you are going through a divorce, let an experienced Longview divorce attorney take care of all of the details so that you can focus on taking care of yourself and your family. Schedule a free consultation with East Texas divorce attorney Alex Tyra today. Call our Longview office at (903) 753-7499, or submit an online contact form through our law firm website.

I Have Been Served With Divorce Papers – Now What Do I Do?

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Whether you were suspecting that it might come to this, or it is a complete shock to you, being served with divorce papers likely means that your marriage is 100% over.  While it may be tempting to tuck the divorce paperwork away in a file to read “later”, it is essential that you take prompt action in order to protect your rights.  As uncomfortable as it may be to do so, the very first thing that you should do when you are served with divorce papers is to just read them.

Once you have finished reading through the divorce paperwork, it is time to move right on to the next logical step – retaining a knowledgeable Texas divorce attorney. Time is of the essence in the early days and weeks of a divorce proceeding, and a failure to respond to the divorce paperwork that you have received within twenty days could result in a default being taken against you. Don’t take that risk, take action and speak to a Texas divorce attorney right away.

Your Texas divorce attorney can answer all of the questions that you have right now, advise you of your rights, offer you helpful and practical advice to guide you in your day to day life, and take care of drafting and filing your answer to the complaint for divorce in a timely manner. Your Texas divorce attorney will also handle all communications with your spouse’s attorney (if he or she is represented by one), or, with your spouse if he or she does not have legal counsel, and represent you at all of your hearings.

As soon as divorce proceedings have been started by one party filing divorce paperwork and that paperwork being served upon the other party, there are a few “rules” that apply to both parties. These “rules” affect your everyday life, and your ability to understand and follow them can help you to be successful in resolving your divorce in a manner that is satisfactory to you.

The first basic “rule” to follow after you are served with divorce papers is to say as little as possible to your spouse. Anything you say from this point forwards could possibly be used against you. That said, there are some conversations that cannot and should not be avoided, such as making temporary arrangements for taking care of your children and making sure that the family’s bills get paid on time. Another “rule” to remember is that for the time being, you and your spouse are prohibited from selling or transferring certain marital assets. This is one area that your Texas divorce attorney can help you to better understand, but the basic idea is that it is better to play it safe right now by not selling or giving away anything than to make a misstep and be held accountable for it later on.

These are just some of the ways in which your pending divorce affects your day to day life. If you live in the Longview, Texas area and you have been served with divorce papers, contact The Law Office of Alex Tyra, P.C., for a free consultation at (903) 753-7499. Phone calls are answered 24 hours a day, 7 days a week.

I Have Been Served With Divorce Papers – Now What Do I Do?

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Whether you were suspecting that it might come to this, or it is a complete shock to you, being served with divorce papers likely means that your marriage is 100% over.  While it may be tempting to tuck the divorce paperwork away in a file to read “later”, it is essential that you take prompt action in order to protect your rights.  As uncomfortable as it may be to do so, the very first thing that you should do when you are served with divorce papers is to just read them.

Once you have finished reading through the divorce paperwork, it is time to move right on to the next logical step – retaining a knowledgeable Texas divorce attorney. Time is of the essence in the early days and weeks of a divorce proceeding, and a failure to respond to the divorce paperwork that you have received within twenty days could result in a default being taken against you. Don’t take that risk, take action and speak to a Texas divorce attorney right away.

Your Texas divorce attorney can answer all of the questions that you have right now, advise you of your rights, offer you helpful and practical advice to guide you in your day to day life, and take care of drafting and filing your answer to the complaint for divorce in a timely manner. Your Texas divorce attorney will also handle all communications with your spouse’s attorney (if he or she is represented by one), or, with your spouse if he or she does not have legal counsel, and represent you at all of your hearings.

As soon as divorce proceedings have been started by one party filing divorce paperwork and that paperwork being served upon the other party, there are a few “rules” that apply to both parties. These “rules” affect your everyday life, and your ability to understand and follow them can help you to be successful in resolving your divorce in a manner that is satisfactory to you.

The first basic “rule” to follow after you are served with divorce papers is to say as little as possible to your spouse. Anything you say from this point forwards could possibly be used against you. That said, there are some conversations that cannot and should not be avoided, such as making temporary arrangements for taking care of your children and making sure that the family’s bills get paid on time. Another “rule” to remember is that for the time being, you and your spouse are prohibited from selling or transferring certain marital assets. This is one area that your Texas divorce attorney can help you to better understand, but the basic idea is that it is better to play it safe right now by not selling or giving away anything than to make a misstep and be held accountable for it later on.

These are just some of the ways in which your pending divorce affects your day to day life. If you live in the Longview, Texas area and you have been served with divorce papers, contact The Law Office of Alex Tyra, P.C., for a free consultation at (903) 753-7499. Phone calls are answered 24 hours a day, 7 days a week.

Divorcing without an Attorney Can Make for an Expensive Divorce in Texas

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Because Texas Divorce Attorney Alex Tyra spends most mornings in local courthouses representing divorce clients, his perspective on the folly of a DIY divorce is based on watching people learn the hard way that this is potentially an expensive and devastating choice.  While we receive calls all the time from parties involved in a divorce or contemplating divorce that want to know if they need an attorney to pursue a Texas divorce, the answer to this question is not necessarily straightforward.  There is no requirement that you use an attorney, but there are distinct advantages to having legal representation that include the following:

Avoiding Unnecessary Expense: It may seem counterintuitive to view retaining legal representation as a way to save money.  However, the reality is that the amount you pay in attorney fees may be trivial compared to what you sacrifice in alimony or your share of a family residence or retirement account without legal representation.  Additionally, many divorces that could result in an amicable negotiated divorce with legal representation may become a bitter contentious divorce when attorneys are later brought into the case after the parties are no longer receptive to negotiating the terms of a settlement agreement.

Knowing Your Rights: Once a divorce judgment is entered by a Texas family law judge, it can be extremely difficult to modify the terms if you made a mistake because you misunderstood your rights under Texas law.  Those who handle their own divorce may not understand their interest in assets that have both a community property and separate property component.  The division of “mixed character assets” entails calculating the separate property and community property contributions toward the assets.  Once the separate and community property interests have been ascertained, the amount of appreciation attributable to each must be determined.  Alimony can be even harder to estimate because there are a long list of factors that are considered rather than a straightforward formula like the one used to determine guideline child support.  When you work with an experienced Texas divorce attorney, the lawyer will inform you of your rights so that you can make informed decisions about how to proceed.

Achieving Durable & Amicable Settlements: Although many people have misconceptions about the nature of an attorney’s role based on depictions by the entertainment industry and media, the role of a divorce lawyer is not to stir up disputes and conflict but to facilitate a favorable settlement.  Certainly, contentious litigation may be both necessary and appropriate, but family law attorneys bring experience handling a wide range of issues.  This knowledge combined with familiarity regarding how judges typically rule on an issue can lead to mutually beneficial settlements.

Efficiency: When spouses proceed without a Texas divorce attorney, they may make critical mistakes in terms of the paperwork filed in court.  These mistakes can delay important temporary orders for spousal support, child support, possession of a residence and/or custody orders.  Failure to properly complete court documents or provide the court with required information also may result in delays that make a divorce take much longer than necessary.

If you are involved in a divorce in Texas, Longview divorce attorney Alex Tyra offers a free consultation so that he can help you understand your rights and options.  We invite you to contact us at 903-753-7499 or visit our website and submit a case contact form.

Maximizing the Probability of a Positive Outcome in Texas Child Custody Disputes [Part II]

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This is the second installment in our two-part blog post providing an overview of the types of evidence that may have a significant impact in a contested Texas child custody dispute.  While the types of issues and factual evidence outlined in this blog series are important, this blog hardly covers all of considerations that may be relevant.  If you have further questions after reviewing this blog post, we invite you to schedule a free consultation with Texas child custody lawyer Alex Tyra.

School Performance Matters: If you are a parent, then you are well aware of how difficult it can be to determine if a child is happy and well adjusted, especially teenage kids.  The accounts of family interactions that judges hear from parents usually are so different that it is hard to believe that the parents lived together in the same household.  One type of evidence that is not easy to manipulate is a child’s performance in school.  If a child is receiving excellent grades and exhibits appropriate behavior and strong social skills in school, these types of evidence will tend to benefit the parent with whom a child is living if the other parent has moved out of the residence.  When a minor child is struggling in school, getting into fights or otherwise manifesting behavioral issues, this type of evidence may suggest that the current parenting arrangements are not working effectively.  Because the mere fact a child custody dispute exists may impact a child’s emotional well-being and academic performance, trouble in school does not necessarily indicate the parent who is the primary caretaker is doing anything wrong.  However, both parents should pay close attention to school performance and be proactive if their child is struggling.

Family Residence Dilemma: Parents trying to live under the same roof during a divorce or paternity action are often miserable.  While the urge to move out may be compelling, this is a decision that needs to be considered very carefully.  While moving out of the family home can sometimes ratchet down animosity and conflict in the household, it can also lead to serious disadvantages in a custody dispute.  If a parent moves out of the family home before temporary custody and visitation orders are in place, the parent essentially is at the mercy of the other parent for access to his or her kids.  Further, the parent who has moved out may be faced with claims that he or she did not attempt to spend time with his or her kids or to be more involved in their lives after moving out.  Courts also like to promote stability and minimize the extent of change in children’s lives so effectively surrendering the family home to the possession of the other parent may mean that keeping the children in the family residence means making the other parent the primary residential parent.  There are situations where vacating the family home is the prudent choice, such as to avoid domestic violence situations or false allegations of domestic violence, but you should seek legal advice from an experienced Texas family law attorney before taking this step.

If you are involved in a contested child custody case, Texas family law attorney Alex Tyra offers a free consultation so that he can help you understand your rights and options.  We invite you to contact us in our Longview, Texas office at 903-753-7499 or visit our website and submit a case contact form.

Maximizing the Probability of a Positive Outcome in Texas Child Custody Disputes [Part II]

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This is the second installment in our two-part blog post providing an overview of the types of evidence that may have a significant impact in a contested Texas child custody dispute.  While the types of issues and factual evidence outlined in this blog series are important, this blog hardly covers all of considerations that may be relevant.  If you have further questions after reviewing this blog post, we invite you to schedule a free consultation with Texas child custody lawyer Alex Tyra.

School Performance Matters: If you are a parent, then you are well aware of how difficult it can be to determine if a child is happy and well adjusted, especially teenage kids.  The accounts of family interactions that judges hear from parents usually are so different that it is hard to believe that the parents lived together in the same household.  One type of evidence that is not easy to manipulate is a child’s performance in school.  If a child is receiving excellent grades and exhibits appropriate behavior and strong social skills in school, these types of evidence will tend to benefit the parent with whom a child is living if the other parent has moved out of the residence.  When a minor child is struggling in school, getting into fights or otherwise manifesting behavioral issues, this type of evidence may suggest that the current parenting arrangements are not working effectively.  Because the mere fact a child custody dispute exists may impact a child’s emotional well-being and academic performance, trouble in school does not necessarily indicate the parent who is the primary caretaker is doing anything wrong.  However, both parents should pay close attention to school performance and be proactive if their child is struggling.

Family Residence Dilemma: Parents trying to live under the same roof during a divorce or paternity action are often miserable.  While the urge to move out may be compelling, this is a decision that needs to be considered very carefully.  While moving out of the family home can sometimes ratchet down animosity and conflict in the household, it can also lead to serious disadvantages in a custody dispute.  If a parent moves out of the family home before temporary custody and visitation orders are in place, the parent essentially is at the mercy of the other parent for access to his or her kids.  Further, the parent who has moved out may be faced with claims that he or she did not attempt to spend time with his or her kids or to be more involved in their lives after moving out.  Courts also like to promote stability and minimize the extent of change in children’s lives so effectively surrendering the family home to the possession of the other parent may mean that keeping the children in the family residence means making the other parent the primary residential parent.  There are situations where vacating the family home is the prudent choice, such as to avoid domestic violence situations or false allegations of domestic violence, but you should seek legal advice from an experienced Texas family law attorney before taking this step.

If you are involved in a contested child custody case, Texas family law attorney Alex Tyra offers a free consultation so that he can help you understand your rights and options.  We invite you to contact us in our Longview, Texas office at 903-753-7499 or visit our website and submit a case contact form.

Maximizing the Probability of a Positive Outcome in Texas Child Custody Disputes [Part I]

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Contested child custody disputes in Texas are among the most emotionally trying and difficult family law cases because the stakes are so high.  Whether your custody case is part of a divorce or a paternity action, the outcome typically results in fundamental changes to your day to day parent-child relationship and parenting responsibilities.  Although the best possible situation for both parents and their minor children involves amicable negotiations to reach mutually acceptable arrangements regarding timesharing and parental responsibility, sometimes this is simply not possible.  When both parents insist on being the primary residential parent or disagree about other issues, contested custody disputes will involve careful analysis of the relationship of each parent to the child and other factors that are part of a Texas family court’s determination of the best interest of you children.

While there are many actions that parents can take to positively impact their position in a Texas child custody dispute, we have provided some key types of evidence that a family law judge will often consider when crafting child custody and visitation orders in this two-installment blog post.  This is hardly a comprehensive list so if you have specific questions about issues that you think may play a factor in your child custody case, we urge you to speak to Texas child custody attorney Alex Tyra.

Parental Involvement with Children: Family law judges look closely at the level of involvement of parents in their child’s lives.  A parent who is away from home working long hours and who must delegates most of the day to day parenting responsibilities to the other parent will be at a distinct disadvantage in a child custody dispute.  The judge will try to determine if one of the parents essentially functions as the primary caregiver for the children, which may involve taking the kids to medical appointments and extracurricular activities, assisting with homework or attending parent-teacher conferences.  While family law judges understand that earning a living requires devoting time toward work responsibilities, parents in custody disputes need to avoid the appearance that the other parent is the one who is taking care of the children.  Even if this means temporarily cutting back your work hours or shifting your schedule to a 4 day work week, the greater your involvement in the daily activities of your children the more likely you will be happy with the judges decision on child custody.

Importance of Parental Fitness Issues: If your spouse has engaged in acts of family violence against you or the children, Texas law imposes a rebuttable presumption against joint custody when a parent has a history of domestic violence.  If your spouse has engaged in acts of domestic violence, you should make your Texas divorce attorney aware of this information and provide any documentation, such as police reports, protective orders, medical records, photographs of injuries and similar evidence.  If your spouse has a history of alcohol abuse or drug use, the court may order your spouse to submit to a drug test.  If you know that your spouse has convictions for DUI, you should also communicate this to your Texas divorce attorney.  Evidence involving any issues like these concerning parental fitness may have a significant impact on the judge’s orders in a child custody case.

School Performance Matters: If you are a parent then you are well aware of how difficult it can be to determine if a child is happy and well adjusted, especially teenage kids.  The accounts of family interactions that judges hear from parents usually are so different that it is hard to believe that the parents lived together in the same household.  One type of evidence that is not easy to manipulate is a child’s performance in school.  If a child is receiving excellent grades and exhibits appropriate behavior and strong social skills in school, these types of evidence will tend to benefit the parent with whom a child is living if the other parent has moved out of the residence.  When a minor child is struggling in school, getting into fights or otherwise manifesting behavioral issues, this type of evidence may suggest that the current parenting arrangements are not working effectively.  Because the mere fact a child custody dispute exists may impact a child’s emotional well-being and academic performance, trouble in school does not necessarily indicate the parent who is the primary caretaker is doing anything wrong.  However, both parents should pay close attention to school performance and be proactive if their child is struggling.

Family Residence Dilemma: Parents trying to live under the same roof during a divorce or paternity action are often miserable.  While the urge to move out may be compelling, this is a decision that needs to be considered very carefully.  While moving out of the family home can sometimes ratchet down animosity and conflict in the household, it can also lead to serious disadvantages in a custody dispute.  If a parent moves out of the family home before temporary custody and visitation orders are in place, the parent essentially is at the mercy of the other parent for access to his or her kids.  Further, the parent who has moved out may be faced with claims that he or she did not attempt to spend time with his or her kids or be more involved in their lives after moving out.  Courts also like to promote stability and minimize the extent of change in children’s lives so effectively surrendering the family home to the possession of the other parent may mean that keeping the children in the family residence means making the other parent the primary residential parent.  There are situations where vacating the family home is the prudent choice, such as to avoid domestic violence situations or false allegations of domestic violence, but you should seek legal advice from an experienced Texas family law attorney before taking this step.

If you are involved in a contested child custody case, Texas family law attorney Alex Tyra offers a free consultation so that he can help you understand your rights and options.  We invite you to contact us in our Longview, Texas office at 903-753-7499 or visit our website and submit a case contact form.

Distinguishing Divorce, Legal Separation and Annulment in Kansas

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When a marriage breaks down, the prospect of taking legal action that formalizes the end of the relationship can be a source of apprehension and stress.  At our Texas divorce law firm, we often hear from clients that are unclear on the distinctions between the various legal actions to address the rights of married parties when a relationship ends, such as divorce, legal separation (called “separate maintenance” in Texas) and annulment.  Some clients use these terms interchangeably or in ways that make it clear that they do not understand the distinctions between these alternatives.  Texas divorce attorney Alex Tyra explains how divorce, legal separation and annulment differ.

Dissolution of Marriage (Divorce)

Divorce (formally called “dissolution of marriage”) is the most common legal action to terminate a marriage.  A divorce action terminates marital status based most typically on the “incompatibility” of the parties, which means that the marriage has completely broken down and cannot be restored with counseling or other forms of intervention.  While the divorce process will completely dissolve the marital relationship, it also acknowledges that a valid marriage between the parties previously existed.  A divorce action may address a wide range of relevant issues that include property division, alimony (spouse support), child custody/visitation, child support and other issues.

Legal Separation (Separate Maintenance)

Separate maintenance is a variation of the process that is referred to as “legal separation” in other states.  While legal separation can address essentially all of the issues in a divorce action like asset and debt distribution, spousal maintenance, parenting plans, child support and others, it differs from a divorce because the marital status of the parties is not altered.  This type of action is not filed frequently.  If a couple wishes to keep their marital status intact for religious or reconciliation reasons, however, this may still provide an option.  If one of the parties files for divorce, the court will proceed on the dissolution of marriage claim rather than the separate maintenance claim.

Annulment

When a party seeks a Kansas annulment, the party is essentially asking the court to formally acknowledge that the marriage was “void” from its inception or “voidable” based on some fact that one or both parties did not know entering into the marriage that would have materially affected the moving party’s decision to marry.  An example of a void marriage would include a marriage where one of the parties never obtained a final judgment of dissolution of marriage in a prior divorce or the parties were too closely related by blood to be lawfully married.  An example of a voidable marriage might include a spouse finding out that his or her spouse only entered into the marriage to obtain immigration benefits.  While some people believe that annulment may only be granted if the marriage is extremely brief, this form of relief can be sought if the statutory criteria are met regardless of the length of the marriage.

Texas divorce attorney Alex Tyra offers a free consultation during which he can advise you about the various options including dissolution of marriage, annulment or legal separation.  We invite you to contact us in our Longview office at 903-753-7499 or visit our website and submit a case contact form.

Why Is a Qualified Domestic Relations Order (QDRO) Important in a Texas Divorce?

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When couples go through the process of divorce, they typically have significant concerns about their financial future.  The breakup of a marriage may mean less household income available to each spouse, higher expenses associated with dual households and less value in marital assets available to each party.  The resolution of these monetary issues can have a substantial impact on the ability of a party to a divorce to start over with a firm financial foundation to build upon.  The division of the retirement assets often will constitute the most valuable marital assets of a married couple so it is extremely important to understand how retirement accounts like 401K plans, individual retirement accounts (IRAs), pensions and annuities are handled in divorce.

Regardless of which spouse’s name is on the retirement account, it will be a marital asset subject to community property distribution under Texas family law.  Even if contributions to the retirement account began prior to marriage, contributions made during the marriage and any appreciation in value resulting from such contributions will be community property.  It is important to have legal advice when dealing with the division of a retirement account because depending on the type of retirement asset, specific federal and state laws may impact the plan.  Whether a retirement account is a defined benefit plan or defined contribution plan will determine the present value or potential value of the retirement asset.  Tax consequences must also be considered because the timing of tax consequences may impact the spouse’s differently if a substantial disparity in income exists between the parties.

One of the biggest mistakes made by parties who try to handle their own divorce is the failure to prepare a qualified domestic relations order (QDRO).  This is the primary tool used in marital dissolutions to ensure that the retirement plan is divided appropriately and that the spouse of the named beneficiary actually receives their share of the retirement plan funds.  Even if the divorce judgment specifically divides the retirement between the parties, the administrator of the retirement plan will typically pay all of the proceeds of the plan to the named beneficiary if no QDRO is served on the plan administrator.

While a party may have recourse against the beneficiary spouse if the named beneficiary receives the entire retirement because no QDRO was filed, this can be a difficult and expensive course for obtaining one’s share of the retirement plan.  QDROs have the additional benefit of avoiding adverse tax consequences that might accrue from early withdrawal or transfer of funds from certain retirement accounts.

Although QDROs often are indispensable tools for dividing a retirement account during a Texas divorce, they must be drafted according to very specific rules that are promulgated by the plan administrator so it is important to seek legal representation to ensure that your rights are not compromised.  Texas divorce attorney Alex Tyra offers a free consultation during which he can advise you about division of retirement plans and QDROs.  We invite you to contact us in our Longview office at 903-753-7499 or visit our website and submit a case contact form.