Dividing Retirement Accounts
All people are equal before the law. However, a good attorney makes a significant difference.
Treating Your Retirement Assets With The Same Care That We Would Ours: San Antonio Attorneys
Divorce is a challenging journey, especially when it involves the division of complex assets. Our Texas divorce attorneys at Sralla Family Law PLLC understand this firsthand. They have represented hundreds of San Antonio clients in divorce since 2006.
When it comes to dividing retirement assets, you deserve a team that approaches your case with the same care and dedication you’ve invested in your future. We are here to ensure your asset division process receives the utmost respect and attention to detail. We provide you with the meticulous attention of a small firm paired with the robust services typically found at larger firms.
Tailored Guidance In Retirement Asset Division
In Texas, the concept of community property means that all assets acquired during the marriage must be divided equitably. Our team is adept at navigating these waters. Here are some common retirement accounts we routinely address in divorce proceedings:
- 401(k) and 403(b) plans
- Individual retirement accounts (IRAs)
- Employee stock ownership plans (ESOPs)
- Pension plans
- Deferred compensation plans
Our team has a wealth of experience guiding high net worth clients through the intricacies of divorce, including silver divorce in Texas. They are well-versed in the nuances of handling sophisticated portfolios, including real estate, stock options and offshore assets.
Strategically Using QDROs To Preserve Your Manage Assets
A qualified domestic relations order (QDRO) is a crucial legal tool in divorce for the division of retirement plans. This legal document enables a direct and tax-efficient transfer of retirement funds. Our asset and property division attorneys are skilled in its precise execution. We can use QDROs to protect your right to receive a fair share of assets and ensure that retirement benefits are appropriately allocated.
Retirement Asset Division FAQ
At Sralla Family Law PLLC, we understand you have questions, and we have answers. We want you to have as much information as possible about your legal options while splitting up retirement assets during a divorce. Here are five of the questions that our clients ask most often:
What happens to retirement accounts and pensions during a divorce?
Typically, they are subject to property division just like any other assets a couple earns or acquires during their marriage. This may mean that the spouse who is not the account holder is only entitled to split the portion of the account earned during the marriage, excluding the percentage earned either before or after.
Can retirement accounts be divided equally between spouses in a divorce?
They can, but this would mean that the couple was married for the entire duration of the employment that qualified for the account. If a couple was married for all 30 years of employment, for instance, an equal split may be ordered. But if the marriage was shorter, the percentage may be smaller.
What is a Qualified Domestic Relations Order (QDRO), and when is it used?
A QDRO is a court order specifying how a retirement or investment account should be divided. That account may only pay out in the future, so the court order specifies who has a right to it at that time.
How is the value of a pension determined for division in a divorce case?
Typically, the court looks at the duration of the marriage and when the pension was earned. For instance, if a couple was married for 15 out of 30 years of employment, then the other spouse may receive just 25% of the total account.
How can I ensure that my retirement benefits are fairly divided in my divorce?
Do not leave things up to chance. Consider all of the legal steps to take and how an official QDRO can define each person’s rights. Retirement assets are an oft-forgotten part of asset division, but they can be very valuable, so it pays to consider them carefully.
Discuss Your Retirement Benefits With A Divorce Lawyer
Let us help you navigate the complexities of dividing your retirement assets with confidence. Contact Sralla Family Law PLLC today at (210) 212-5656(210) 212-5656 or send us an email to schedule your initial consultation and take the first step toward securing your financial independence.
Ask a Question,
Describe Your Situation,
Request a Free Consultation
Contact Us And We’ll Tell You Everything You Need To Know!
Required Fields*
Your Information Is Safe With Us
We respect your privacy. The information you provide will be used only to answer your questions or to schedule an appointment if requested.
Practice Areas
Real Clients, Real Reviews
“It was like a big weight lifted off my shoulders. I strongly recommend Kevin “Buck” Sralla, they will treat you like one of their own.”
- Jack
Real Clients, Real Reviews
“He was successful in helping me get rulings in my favor. I couldn’t be more grateful for everyone on his team. I would recommend them 10 times over!”
– Roxanne
When You Need A San Antonio Family Law Attorney, You Can Turn To Our Team
Learning Center
Strength Of A Giant, Heart Of A Neighbor – Your San Antonio Law Allies
Frequently Asked Questions
How Much Does A Divorce Cost In San Antonio?
A divorce case can cost anywhere from $2,000.00 to $10,000.00 and up in San Antonio. This price range typically varies based on the complexity of each particular case, the extent to which the matter is contested, the aggressiveness of the family law attorneys involved, whether a jury trial is requested and many other often unpredictable factors.
Where Do I Go For A Divorce?
If you hire a family law divorce lawyer, your lawyer will file your divorce petition electronically. If you are filing your divorce without the help of a family law attorney, you can do so at the Family Law Staff Attorney’s Office at the Bexar County Courthouse, 100 Dolorosa, San Antonio, Texas 78205.
How Much Does It Cost To File For Divorce In San Antonio?
A divorce without children typically costs around $350.00, while a divorce involving children typically costs about $401.00. These costs vary from county to county.
What Is A Spouse Entitled To In A Divorce In Texas?
Either spouse is entitled to a just and right division (roughly 50%) of the community estate and, in certain extreme cases, a disproportionate share (greater than 50%) of the community estate. This includes all assets acquired during the marriage, but does not include a spouse’s separate property.
How Do I Get A Divorce With No Money?
Getting a divorce with absolutely no money is difficult but not impossible. The party seeking to file for divorce can visit the Family Law Staff Attorney’s Office at the Bexar County Courthouse to obtain a packet of information to assist in preparing and filing the paperwork for starting a divorce case. The filing fee can be waived if the filing party prepares an affidavit of indigency declaring that he or she has no money. Another alternative is to seek free legal aid or the assistance of a pro-bono lawyer.
Chat With Our Lawyers In Person
While our attorneys are open to conducting phone and online consultations, we feel that our warm office environment is the best place to get to know you. We look forward to meeting with you face-to-face to make sure we understand every detail of your unique situation including interpersonal skills. So, call us today for a free 20-minute initial consultation and let’s get started on your family law issue.
To learn more about what our team can do to help you, give us a call at (210) 212-5656(210) 212-5656 or use our online contact form.
Our Location
Sralla Family Law PLLC
San Antonio Office
Your Case is Our Lawyers’ Fight
Let Sralla Family Law PLLC guide you through your divorce with the care and dedication you deserve. Contact us today at (210) 212-5656 or send us an email for an initial consultation. Our divorce attorneys in San Antonio will help you turn the page to a new chapter in your life.