Retirement Account FAQ’s

Attorney Jillian French, Texas Super Lawyer and partner at Vaught Law Firm, was featured several times by Ask the Lawyers™ Quick Question for her knowledge of property division in Texas. In these short videos, she discusses how retirement accounts are treated in a Texas divorce. If you have any additional questions about property division, please do not hesitate to call us to schedule a consultation at 512-342-9980.

Can I Go After My Ex’s Retirement Accounts After Our Divorce?

In this Ask the Lawyers™ Quick Question, Attorney Jillian French discusses whether your spouse can go after your retirement benefits.

If a retirement account was not disclosed or not put in the divorce decree then your spouse could claim it as an undivided or undisclosed asset. That is something that is provided for in the Texas family code, and they could come after it.

How Do You Divide a 401K and IRA Accounts in a Texas Divorce?

Attorney Jillian French explains how retirement accounts are divided in this Quick Question by Ask the Lawyers™.

For a 401k, those are typically going to be referred to as qualified plans and so those would be divided through what’s called a qualified domestic relations order. For IRAs, those are typically divided through the divorce decree and then most of them require a copy of the divorce decree and then additionally a form, typically something that the plan itself creates, and then they want the form to be filled out with a copy of the decree.

How Are Retirement Benefits Divided in a Texas Divorce?

Jillian French, a Texas divorce attorney, explains how retirement accounts are divided in another Quick Question by Ask the Lawyers™.

They are usually divided through some sort of domestic relations order, either a qualified domestic relations order or just a regular domestic relations order, depending on the award to the other spouse based on a just and right division of the property.