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?

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.

Call 214-373-9292 or contact us to discuss your concerns.

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