Property Division

Why Is My Spouse Entitled To Any Of My Retirement In A Texas Divorce?

You worked hard at your job. You saved money from the day you started. Lucky for your – your company had a 401(k) or pension plan match program so that 4% you stashed away for retirement was really 8%. You were responsibly planning for retirement and felt like you were well on your way to […]

Can I Divide My Retirement Account In A Divorce Without Paying Taxes?

Yes, if the transaction is properly structured then you can divide your retirement account in a divorce without paying taxes at the time of division regardless of the type of account. The process for a tax free division in a divorce depends on the type of retirement account that you are dividing. But first, let’s […]

Who Will Divide Our Property in a Texas Divorce?

Most Texas divorce cases will end with an agreement reached between the parties. In these cases, the parties decide how and when property will be divided between the spouses. If the parties reach an agreement on property division, then that agreement will be reduced to writing in the form of an Agreed Final Decree of […]

Are Texas Teacher’s Retirement System Benefits Subject To Division In Divorce?

The Teacher Retirement System of Texas (“TRS”) provides retirement benefits for teacher’s across the State of Texas. It is one of the State’s largest benefit programs. But are those retirement benefits subject to division in a divorce? The answer is, yes, they are subject to division to the extent that they are community property. Note […]

Does No Fault Divorce Bar an Unequal Property Division in Texas?

The short answer is no – asking for a no fault divorce does not prevent a spouse from also seeking a disproportionate share of the marital estate as I explain in more detail below. Texas is a no fault divorce state which means that you do not have to prove misconduct by your spouse in […]

Divorce Concerns For High Net Worth Couples

When a couple with a high net worth files for divorce in Texas it often involves a number of unique issues and concerns. This articles highlights some of the issues and concerns that frequently arise in a divorce involving high net worth couples. Existence of Martial Property Agreements A divorce involving a high net worth […]

How Do I Keep My Spouse Out Of The House During Our Divorce?

One of the biggest initial concerns when you file for divorce is how to keep your spouse out of the house until the divorce is final. There are a lot of good reasons to be concerned about this. At best, living in the same house with your spouse while you are getting divorced could lead […]

General Rules of Property Division in a Texas Divorce

With few exceptions, every divorce in Texas will require a division of property. This article provides a quick overview of the general rules that govern property division in a Texas divorce as well as some of the key issues. Community Property vs. Separate Property Texas is a community property state. This means that, absent a […]

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