Property Division

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Interview with Fort Worth Divorce Attorney Adam Kielich on Divorce

Adam Kielich is a Fort Worth divorce attorney and managing attorney at The Kielich Law Firm in Bedford, Texas. This is an adaptation of an interview provided for a local journalism program researching the Tarrant County legal system. This research includes the affordability of legal counsel, the efficiency of the courts and overall fairness in the legal system. The program does not focus exclusively on family law issues but due to the prevalence of divorce in Tarrant County it will play a larger role in the research. This version of the interview should not be considered a transcript of the actual...

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What plans can be divided by a QDRO in a Texas divorce? Dallas QDRO lawyer answers

QDROs--qualified domestic relations orders--are special court orders that divide certain types of employer-sponsored retirement plans as either part of the property division in a divorce, to pay child support, or to pay spousal support. Retirement plans that require a QDRO do so because a state or federal law requires this type of order to lawfully divide benefits. Retirement Plans That Can Be Divided by a QDRO in Your Fort Worth or Dallas, Texas Divorce There are many ways to categorize types of retirement plans but it is helpful here to divide retirement plans between private employer plans and public employer plans. Private...

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Spousal support in a Texas divorce: Fort Worth divorce lawyer

There is no guarantee of alimony or spousal maintenance in a Texas divorce. Texas, like many states, changed its domestic relations laws (our Texas Family Code) in recent decades to curb the power of family court judges in Fort Worth, Dallas, and around other part of Texas, to grant any type of spousal support following a Texas divorce. In Texas there are two types of spousal support available to spouses: (1) spousal maintenance; and (2) contractual alimony. Maintenance is a form of spousal support within the Texas Family Code that a judge can order within statutory boundaries. Contractual alimony is a...

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Fort Worth QDRO Attorney on the 10% Early Withdrawal Penalty

QDROs are a powerful tool in the property division in a Dallas or Fort Worth divorce. They allow a party to receive part of an employee's retirement plan benefits (such as a 401k or defined benefit pension). Under the federal law that governs private retirement plans (ERISA) an employer generally may not take away or give part of an employee's accrued benefit to another person. (This is known as ERISA's anti-cutback rule.) The exception is for a qualified domestic relations order (QDRO) that awards a portion of the employee's benefit to a spouse, former spouse, child or other dependent of the plan...

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Bedford divorce attorney dividing retirement plans with a QDRO

Retirement plan benefits, like 401k accounts and pension benefits, are often divided in a Texas divorce as part of the property division. Retirement benefits often represent one of the largest assets in the marriage (along with the house and cars). Their division may play an important role in fairly dividing the marital property between the spouses. Most retirement plans are subject to federal laws that become entangled with the division in the divorce. The property division in the divorce is governed by state law (Texas Family Code). The retirement plan itself undoubtedly also has specific rules that relate to how...

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Can I take my QDRO money early after my Fort Worth, Texas divorce?

Often divorces divide retirement plans like a 401k or defined benefit pension. A judge signs a QDRO (qualified domestic relations order) ordering the retirement plan administrator to divide the benefit. The ability to take funds from the plan under the QDRO depends upon the terms of the QDRO and plan rules. Some plans allow the alternate payee to take the money as soon as administratively possible. Other plans limit distributions to some time in the future. The QDRO may order that the funds unavailable until certain conditions occur. That is true even if the plan rules would otherwise allow the alternate payee to...

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Dealing with Dividends in a Texas Divorce: Fort Worth divorce attorney explains

Dividing property in a Texas divorce can be a complication and expensive affair under the Texas Family Code. The Texas Family Code lays out a complicated framework of community property rules. Property may be community property of the marital estate, the separate property of one spouse, or separate property jointly owned by the spouses. The type of property, its acquisition, its distributions and capital gains (or losses) all affect how to divide property during a divorce. Allocating property as separate property rather than community property is extremely valuable in a divorce. If the property is separate property then it is not subject...

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10 Keys to Tackling Defined Benefit QDROs in a Dallas or Fort Worth, Texas Divorce

Dividing defined benefit pension benefits in a divorce strikes fear into the hearts and minds of divorce attorneys. Defined benefit pension plans, often simply called pensions, are far more complex than the relatively newer defined contribution plans like 401ks and ESOPs. Defined contribution plans are often easy to divide in a divorce. They maintain records of individual accounts on behalf of plan participants with records of account activity. Most defined contribution plans use a daily valuation. The account value can in determinable on specific dates, such as the date of marriage, separation and divorce. Defined benefit plans do not make things so easy. In a...

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Bedford divorce lawyer on saving money on a QDRO in an uncontested divorce

I help people with both contested divorces and uncontested divorces in both Tarrant County and Dallas County. It's easy to work the Dallas/Fort Worth area with an office located between Dallas and Fort Worth. Although both counties follow the same law in an uncontested divorce, each county has its own rules that sometimes differ. Today's post will discuss a filing fee specific to Dallas County courts that can make your uncontested divorce expensive. This filing fee is to submit a QDRO--a qualified domestic relations order--after the divorce. When it comes to uncontested divorces there's no reason to spend any more money than necessary. QDRO in a Bedford,...

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Fort Worth Uncontested Divorce Lawyer on Uncontested Divorce in Tarrant County

Uncontested divorces are common in Tarrant County at the family courts in downtown Fort Worth, often with the help of uncontested divorce lawyers. Often spouses are able to resolve the issues in their divorce without the burden of an expensive and long divorce. For those people, an uncontested divorce avoids most of the cost and delay in the typical contested divorce. In Tarrant County we have special family courts (like Dallas) that only deal with family law issues. (Like divorce and child support.) Family law attorneys around Texas know Tarrant County is a different animal when it comes to family...

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