Legal Question in Family Law in Texas

Qualified Domestic Relations Order

In my divorce decree it states that my my exwife will get half of my 401K as of 5/13/02. My exwife has not filed a Qualified Domestic Relations Order as of 8/2/02 to receive her half of my 401K. What would be her advantage and my disadvantage in her not filing for her share of my 401K promply? What will happen if I die and she has not filed a Qualified Domestic Relations Order with the courts since I have remarried and my beneficiary is my new wife?


Asked on 8/02/02, 6:58 pm

1 Answer from Attorneys
Stephanie T. Shipp Shipplaw

Re: Qualified Domestic Relations Order

If your wife has never obtained a QDRO, then her only remedy is to sue you for her share if you refuse to voluntarily hand it over under the decree. Of course, having a QDRO is far more preferable from her point of view because it takes all discretion on your part out of the equation. The QDRO orders the plan administrator to send her part directly to her.

Best of Luck,

Stephanie T. Shipp

Attorney At Law

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Answered on 8/03/02, 2:46 am


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