Dallas Family Law Attorneys
Community property subject to division in a divorce may include one or both divorcing spouses’ employee benefits, including all of the assets accumulated in 401(k) plans, pensions or other qualified plans during the marriage. Dividing such assets in Texas often requires a qualified domestic relations order (QDRO) signed by a judge and approved by the plan administrator. These are often highly technical matters that require a divorce lawyer who has detailed financial analysis skills.
At the McKinney, Texas, family law firm of Loughmiller Higgins, P.C., we understand how to properly valuate all types of employee benefits to ascertain what should be considered separate and community property for the purposes of marital property division. If retirement accounts or pensions are assets to be considered in your divorce, it is important to work with an attorney who also knows how to properly prepare QDROs that take into account future concerns as well as tax repercussions. Please contact ustoday to schedule a consultation to discuss your divorce and QDRO-related needs.
Properly Valuating Every Asset
We are financially savvy Texas family law attorneys who are well equipped to deal with all aspects of property division in divorce — including the most complex property division issues regarding employee benefits. It is important to note that not all divorce lawyers are familiar with complicated federal legislation that governs many types of employee benefit plans, such as ERISA, the Employee Retirement Income Security Act of 1974.
We not only know how to interpret these laws as they pertain to your policy, but we know how to ensure that all of your QDRO documents are correct. We are here to make sure that problems will not arise 15 or 30 years down the road when you are eligible for retirement. We know what types of plans are currently available, how they can be divided, what decisions need to be taken now so costly problems can be avoided later. We routinely help people execute QDROs and divide all types of plans, including:
- Defined benefit plans
- Defined contribution plans
- Hybrid plans
- Government employee plans and military plans
Not only do our family law attorneys know the difference and options available under all these plans, but they also can help you understand and take into account the tax impact and how this should be factored into any decisions being made about settling community property, or in proposed divisions you might give a judge at trial. We can help you prepare and submit pre-tax and post-tax accounts, depending on what is the right mix given your situation.
Call our Texas law offices directly to schedule a consultation or e-mail us today with a brief description of your employee benefit division situation and questions. Our divorce and family law lawyers accept all major credit cards and offer flexible appointment scheduling for your convenience.