Legal Question in Family Law in Texas

What recourse does an individual have when a former spouse refuses to complete a QDRO and take the assets awarded to her in a divorce decree? My husband's spouse was awarded 40% of a retirement account in 1998. The amount is based on the value as of the day of the divorce with no accrued interest. She wants to wait until my husband retires and thinks she is owed more than what is stated in the decree.

Would would like to do some retirement planning and want her portion to be somehow segregated from the balance in the fund. What can we do without her since she won't cooperate?


Asked on 1/17/12, 11:40 am

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

Why do you think you need her cooperation?

Prepare a QDRO and submit it to the plan administrator, then to the Judge. It isn't up to Mom.

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Answered on 1/18/12, 1:26 pm


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