512.887.1996 512.887.1996

Georgetown, Texas Attorney Protecting Your Retirement Benefits in a Divorce

Retirement and employment benefits earned while working during marriage comprise a potentially important marital asset during a divorce. The law regarding treatment and division of retirement benefits in a divorce is complex. You need an attorney with special experience in these matters if retirement benefits are at issue. At the office of Kevin Henderson Attorney at Law, you get an attorney with that experience. Protecting retirement benefits during a divorce is vital.

Qualified Domestic Relations Order

A Qualified Domestic Relations Order (QDRO) is often used to divide retirement benefits in a divorce proceeding. The types of benefits that might be partitioned include:

  • 401K
  • Company pension
  • Military pension
  • Government pension
  • IRA
  • Roth IRA
  • Stock options

There are special drafting rules and regulations that apply to Qualified Domestic Relations Orders depending on the type of retirement benefits at issue. Drafting requirements vary depending on whether the retirement benefits are from a corporation, the government (state/local/federal), the military or teacher plans. There are also important distinctions between defined contribution plans, such as a 401K, and a defined benefit plan, such as a pension. Your attorney needs to understand these differences to properly draft and represent you in connection with retirement benefits in your divorce. Not every attorney is qualified to handle these matters.

At the office of Kevin Henderson Family Law Attorney, I have extensive experience handling retirement benefits in a divorce and can guide you through this difficult area. Military retirement benefits are especially complex in a divorce. I guide members of the military and retired military in this area as well.

Your spouse can agree to split retirement benefits in any way

You may agree to split retirement benefits in many different ways. If you have a pension and prefer not to have it divided, it is possible to avoid this if your spouse agrees. You could, for example, pay your spouse a larger amount of cash from the community property of the marital estate and keep your pension without partition. Only an experienced family law attorney who understands how retirement benefits are treated in a divorce is fully equipped to help you make these crucial and delicate decisions.

You need an experienced retirement benefits attorney for your divorce

Contact a Georgetown, TX divorce attorney who understands retirement benefits for a consultation. At the office of Kevin Henderson Attorney at Law, I represent clients, including military and veterans, in Georgetown, and throughout all of Williamson County, including Round Rock, Austin, Temple and Bastrop. Call 512.887.1996 or contact me online.

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