The Shapiro Law Firm

Get help 24/7

972-833-8196

972-833-8196

  • Home
  • Firm Overview
    • Q&A With Todd Shapiro
    • Q&A With Peter Ganyard
  • Attorneys
  • Legal Services
    • Criminal Defense
    • Family Law
  • News & Resources
    • In The News
    • Articles
  • Testimonials
  • Video Library
  • Blog
  • Contact
  • X Close
  • Firm Overview
    • Q&A With Todd Shapiro
    • Q&A With Peter Ganyard
  • Attorneys
    • Todd Shapiro
    • Howard Shapiro
    • Peter Ganyard
  • Legal Services
    • Criminal Defense
    • Family Law
  • News & Resources
    • In The News
    • Articles
  • Testimonials
  • Video Library
  • Blog
  • Contact

Working Tenaciously To Protect Your Rights And Preserve Your Freedom

  1. Home
  2.  » 
  3. Property Division
  4.  » 
  5. QDROs and other issues related to retirement plans in divorce
View Practice Areas

QDROs and other issues related to retirement plans in divorce

On Behalf of The Shapiro Law Firm | Jun 30, 2015 | Property Division

In some cases, property division in divorce is pretty straightforward. It’s clear what can be characterized as marital assets, which can then be divided fairly between the spouses.

In other cases, however, differentiating between community property and separate property requires much closer analysis, and the spouses may have to negotiate for a portion or all of certain assets to reach a fair settlement. Retirement plans are one kind of asset to be considered in divorce negotiations.

Generally, unless a prenuptial agreement says otherwise, retirement plans are subject to property division in divorce. Often these accounts consist of tax-deferred savings, so it is important to consider the tax implications when splitting a retirement plan between divorcing spouses.

Sometimes people need to withdraw retirement funds to cover immediate costs related to divorce, and sometimes it makes more sense to keep the funds intact or roll them over into another account. An experienced family law and property division attorney can advise you on the decision that makes the most sense for your situation.

The law allows for someone other than a retirement plan participant to be named as a person who has a right to retirement funds. With a Qualified Domestic Relations Order, an alternate payee can be officially recognized, and often QDROs are used in the division of retirement funds between divorcing spouses.

The law also specifies that only a retirement plan participant’s spouse, ex-spouse, child or other dependent can be named in a QDRO as an alternate payee.

For more on negotiating for a fair divorce settlement, please see The Shapiro Law Firm‘s section on property division.

Categories

  • Child Custody (75)
  • Child Support (44)
  • Convictions (8)
  • Criminal Defense (44)
  • Divorce (162)
  • Domestic Violence (75)
  • Drug Crimes (14)
  • DWI-DUI (42)
  • Evidence (2)
  • Expungement (3)
  • Family Law (21)
  • Firm News (3)
  • Fraud (2)
  • Juvenile Crimes (17)
  • Postnuptial Agreements (2)
  • Prenuptial Agreements (7)
  • Property Division (49)
  • Prostitution (1)
  • Same-Sex Partners (38)
  • Sex Crimes (3)
  • Uncategorized (3)

Archives

Recent Posts

  • 3 reasons mediation is beneficial for high net worth divorce
  • What counts as intent to distribute fentanyl in Texas?
  • How do I prove my ex is hiding assets in Texas?
  • What to do after a DWI arrest in Texas
  • Can autopilot lead to a DWI charge in Texas?
Subscribe To This Blog’s Feed
Lead Counsel Verified | LC
Avvo Rating | 10.0 | Todd Donald Shapiro | Top Attorney
'11 readers' choice awards | Best criminal attorneys in plano | 2011 Plano Star Courier Readers' Choice Awards
2012 star community newspapers | Readers choice
Rated by Super Lawyers | Todd Shapiro | Selected in 2026
Readers choice star local media 2018
Reviews | 5 stars out of 63 reviews | Todd Donald Shapiro | AVVO
D Best 2026
Findlaw | The shapiro law firm rate us
Avvo | Clients' Choice Award 2024 | Todd Donald Shapiro

We Are Here To Help

When you need assistance from an experienced attorney, contact the Shapiro Law Firm by calling 972-833-8196.
Email Us For A Response

Contact Information

The Shapiro Law Firm
701 E. 15th Street
Suite 204
Plano, TX 75074

Plano Law Office Location
Review Us
Phone: 972-833-8196
Fax: 972-423-0077

Connect With Us

  • Follow
  • Follow
  • Follow

© 2026 The Shapiro Law Firm • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw