Dividing Retirement Accounts in Divorce

Under Texas law, the division of 401(k)s and other types of retirement accounts can be extremely difficult. This difficulty is compounded by the fact that federal law, in the form of the Employee Retirement Income Security Act (ERISA), also governs retirement accounts.

The conversation surrounding the division of these accounts often becomes heated, as retirement accounts are typically the largest or second largest asset — after the family home — a couple owns.

Experienced Family Law Attorneys Protecting Your Interests

At the Vaught Law Firm, we strive to help clients in Austin and throughout Central Texas resolve these and other high-asset divorce matters in a fair and rational manner. We draw on our proven divorce strategies and in-depth knowledge of family law to guide you through your divorce in a compassionate, efficient and effective manner. Firm founder Jimmy Vaught — a board-certified* attorney with more than 30 years of legal experience — his partner Leigh de la Reza (also a board-certified**attorney), and Lisa Stewart utilize detail-oriented analytical techniques to provide our clients with the straightforward solutions they need.

We are able to assist with all types of retirement account division, including those plans offered by technology firms in Austin and oil and gas companies throughout Texas.

Texas Retirement Account Issues

We keep our clients well informed throughout all stages of their cases, and help them understand retirement account issues such as:

  • Qualified domestic relations orders (QDROs): QDROs are the tool the court uses to split retirement accounts and then deposit the new funds in the ex-spouses’ separate accounts.
  • Discretionary division of property: Texas is a community property state, but that does not mean retirement accounts will automatically be divided in a 50/50 split. The court has discretion to look at each case and divide assets as it sees fit. Because of this, it is vital to have one of our experienced Austin retirement division lawyers advocating on your behalf.

Contact Us to Discuss Marital Asset Division
Call us at 512-342-9980 or contact us by e-mail to schedule a confidential consultation with a lawyer in our Austin office.