Historically, many men and women facing divorce focused on obtaining their fair shares of home equity, cash in savings accounts, vehicles and other such assets. Today, all this remains extremely important, but the most valuable assets to be equitably divided — especially after long-term marriages — are often qualified retirement savings in 401(k) and similar plans. If either spouse has earned a military pension or a railroad or other employee pension, these benefits may be treated as community property as well.

Will Retirement Accounts And Other Complex Assets Be Split In Your Divorce?

Assumptions about the treatment of retirement assets in a divorce are dangerous. First of all, the fact that one spouse accumulated savings and benefits directly through military service or other work during the marriage does not give him or her sole or "priority" rights to them. At our firm, we thoroughly analyze each client's unique financial situation and provide reliable counsel based on plan specifics, applicable laws governing division of pension benefits and all other relevant factors.

Your Lawyer's Diligence And Ability To Spot Key Issues May Prove Critical

Accomplished divorce lawyer Linda Hoak knows how important it is for you to assert your rights to savings and benefits that improve your future security. She leads our legal team in helping clients get all they deserve while containing associated legal costs, through steps such as:

  • Establishing what, if any, portions of pension and retirement benefits were obtained prior to the marriage and may qualify as separate property
  • Ensuring that retirement savings are properly disclosed and valued for purposes of equitable division
  • Assisting spouses of military members and retirees in maintaining any available rights to survivor benefit plans (SBPs) and health care coverage — issues that must be addressed before the divorce is final
  • Drafting the qualified domestic relations orders (QDROs) required to actually transfer retirement assets in accordance with your settlement

Based in Tyler, we represent men and women living in all surrounding communities, along with active-duty military personnel serving worldwide who have legal concerns in East Texas. To discuss basic aspects of your case and protection of your future with attorney Linda Hoak, please call 903-531-9100 or email our firm. We offer an initial in-depth consultation, and active and retired military personnel benefit from a 10 percent discount.