What happens to my retirement benefits in divorce?

Retirement plans and employee benefits that have accrued during the marriage may be divided by the court between you and your spouse. However, those benefits which existed at the time of marriage remain a spouse’s separate property and are not divided upon divorce so long as there is documentation of the value of the benefit prior to marriage. A Qualified Domestic Relations Order is used to divide a retirement plan which has accrued during the marriage. Stock options, pensions, 401(K) accounts, and bonuses are also divisible upon divorce.

If you are considering a divorce and are unsure if you should be the first to file, contact a Houston divorce lawyer by calling 713-802-1777 today.