Sep 09
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In this blog, we will talk about one of the most common retirement plans that you or your spouse might have – the 401(k) plan. Most people have heard of a 401(k) plan. Just in case you haven’t heard of a 401(k) plan, it is a retirement savings plan that is sponsored by an employer. It allows the employee to save and invest in some of their paycheck before federal taxes are withheld. However, taxes are paid when money from the 401(k) is withdrawn. So, how do you divide a 401(k)? Re...
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In my last blog, Understanding Stock and Restricted Stock Options, we explained stock options and restricted stock options as employee benefits. If you have received one of these benefits from your company, you need to consider what will happen to them now that you are filing for a divorce. Another similar factor to consider are restricted stock units (RSU). If you have restricted stock units, you need to know how they work as well as what will happen to them in your divorce. What are Restr...
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Military Retirement Military retirement benefits (the Uniformed Service Retirement System), may be divided in a Texas divorce. Military retirement plans also do not have to comply with ERISA. (more…)
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The Basics of Texas Marital Property Law and Retirement Dividing retirement accounts in a divorce can be complicated. If you want to protect your retirement or believe you are entitled to some of your spouse’s plan, understanding the details of your case and how the law handles questions of ownership is essential. Texas is a community property state. This means that all property divided in a divorce is presumed to fall under the characterization of ‘community property....
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