Division Of Retirement Assets


Retirement assets are generally considered marital property and subject to division upon divorce. If you face divorce and you and/or your spouse holds significant retirement assets, it is important to consult with an experienced property division lawyer.

I am Bobby Dale Barina, a divorce lawyer serving clients in Harker Heights and throughout surrounding Texas communities. As a board-certified family law attorney with more than 20 years of experience, I am prepared to protect your financial interests in divorce.

Retirement Assets And Property Division

Equity earned in pensions, 401(k)s, IRAs and other retirement assets are subject to Texas’ community property division laws upon divorce. This does not mean retirement assets are always given a clean 50/50 split. Certain factors can affect the division of retirement assets, including assets being acquired prior to marriage and assets acquired in a noncommunity property state.

Division Of Military Retirement Assets

There are special laws that govern the division of military pensions. Under the Uniformed Services Former Spouse Protection Act (USFSPA), state courts may apply property division laws when deciding how to divide military pensions in a divorce. If you or your spouse has military pension assets, it is important to consult with an attorney who is experienced in this unique area of law. My law offices are in close proximity to Fort Hood and Fort Sam Houston. I have handled numerous property division matters for military servicemembers and their spouses, as well as military contractors and their spouses.

Qualified Domestic Relations Orders (QDROs)

A QDRO is a legal order that directs how retirement assets are to be distributed between the retirement plan participant, or the member spouse, and the nonmember spouse. You must obtain a QDRO before the nonmember spouse can obtain his or her fair share of retirement assets. As an experienced property division lawyer, I can help you with all of the legal details involved in the division of retirement assets, including QDROs.

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