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Jackson, Landrith & Kulesz, PC

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Home FAQs What about my retirement?

What about my retirement?

Retirement benefits earned during the marriage are community property, and are subject to division by the court. If a spouse has contributed to a retirement account both before and after marriage, only the portion earned during the marriage is community property.

If you want to keep your account intact, it will be necessary to offer your spouse something of equal value — a “trade-off” or “buy out.” This can be the offering of another major or by making monthly payments to your ex-spouse after the divorce.

The first step in dividing or offering to buy out is to establish the value of the retirement benefits. This can be determined through your plan administrator.

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601 W. Abram Street
Arlington, TX 76010

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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

  • Practice Areas
    ▼
    • Immigration Law
      ▼
      • Naturalization
        ▼
        • Citizenship
      • Employment Sponsorship
      • Family Visas
      • Student Visas
      • Green Cards
    • Family Law
      ▼
      • Annulment
      • Divorce
      • Asset Division
      • Separate Property
      • Spousal Support
      • Child Support
      • Child Custody
      • Adoption & Termination
      • Enforcement of Orders
      • Modification of Orders
      • Visitation
      • Paternity
      • Legal Separation
      • Protective Orders
    • Personal Injury
    • Real Estate Law
    • Estate Planning
      ▼
      • Trusts
      • Wills
      • Probate
    • Construction Law
    • Corporate & Business Matters
      ▼
      • Business Formation
      • Mergers & Acquisitions 
      • Transactional Law
    • Business & Commercial Litigation
  • Attorneys
    ▼
    • Rigien Jackson
    • Kris Landrith
    • David Kulesz
    • Brent McMullen
    • Virginia Jijón-Caamaño
  • Testimonials
  • Resources
    ▼
    • FAQs
    • COVID Estate Planning Guide 
    • Family Law Definitions
  • Review Us
  • Contact