Legal Question in Family Law in Texas
divorvce and pension
Divorce was final in June. Disbursement of TSP fund was stated in QUODRO to be 50/50 less loan amount, plus interest and profit/loss subsequent to divorce. However, TSP decided to award me 50% but did not deduct losses from Oct. Upon award, funds were rolled over into a new retirement acct for me. Now my ex's atty says he will need to get a court order. My understanding is that TSP law overrides their decision. What can they do legally? What can I do to protect my money?
1 Answer from Attorneys
Re: divorce and pension
Who's attorney drafted the QDRO? Or was the QDRO improperly executedby the pension administrator?
If the pension administrator messed up and gave you more than the decree specified the court might very well order you to pay the difference.
If the ex's attorney messed up the language in the QDRO, maybe the ex's recourse is against the his attorney, but since you still got more than awarded, you might still have to pay on a theory of unjust enrichment..
Ask your attorney for specific advice. In general it is often cheaper to cut a deal, maybe split the difference 50/50 in an amended order, and save the legal fees that will be incurred in another round in the courtroom. This is definitely an issue to discuss with your lawyer and I'm not giving you specific advice. Good luck...
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