Legal Question in Family Law in Texas

Have been divorce 26yrs. My husband has been retired 10-12 yrs. I think. I just found out that I get part of his retirement. Do I received half of the 20yrs we were married. And does this half come out of his retirement that he's getting now. Do I have a choice of lump sum or payments. How long does it take to process all of this. Have no court order, just divorce papers. This is not social security, a retirement fund.


Asked on 2/09/11, 3:28 pm

1 Answer from Attorneys
Brandy McIntyre Law Office of Brandy Reynolds McIntyre

If the Decree of Divorce (it is a court order) awards you half of your husband's retirement then you are entitled to whatever that statement in the decree says. You will need to contact the company that holds your ex-husband's retirement account and talk with them about their procedure to claim your share. You might have to go back to court and have the court issue a Qualified Domestic Relations Order (QDRO) which will specify what you will receive. Sometimes the retirement account companies will assist you with paperwork. It will then be up to the company to distribute your share of the money and generally you can choose how you receive it, whether it be lump sum or payments. Please contact a tax professional concerning any taxes you might owe on the money you receive.

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Answered on 2/09/11, 3:45 pm


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