Law Thompson, P.C.Law Thompson, P.C.2026-06-03T14:28:57Zhttps://www.lawthompson.com/feed/atom/WordPress/wp-content/uploads/sites/1503637/2023/06/cropped-LawThompson-Color-Site-Icon-32x32.jpgOn Behalf of Law Thompson, P.C.<![CDATA[How are retirement accounts split in a Texas divorce?]]>https://www.lawthompson.com/?p=497962026-06-03T14:28:57Z2026-06-03T10:41:35ZRetirement accounts are often the most valuable thing a couple builds together during a marriage. In a Texas divorce, how those accounts undergo division can shape your financial future for years to come. Texas is a community property state, meaning part of a retirement account built during the marriage may belong to both spouses. The division process involves several steps and understanding each one could make a real difference in your outcome.
What Texas law says about retirement accounts in a divorce
Texas law draws a clear line between what belongs to the marriage and what belongs to each spouse individually.
Community property vs. separate property: Money put into a retirement account during the marriage generally belongs to both spouses. Funds contributed before the marriage typically stays with the original account holder.
The marital portion: A court divides only the portion of the account that grew during the marriage and not the entire balance. Getting an accurate valuation of that portion is critical.
Types of accounts affected: 401(k) plans, pensions, IRAs and similar accounts can all be subject to division depending on when each spouse made contributions.
Texas Family Code: Texas courts divide marital property in a way that is "just and right," which does not always mean each spouse walks away with exactly half.
Knowing what the law covers is a good starting point, but the actual steps involved in splitting a retirement account are where things get more complicated.
The steps involved in dividing a retirement account in Texas
Dividing a retirement account takes more than a judge signing the divorce papers. Keep these crucial checkpoints in mind:
First, the account needs a formal valuation to determine exactly how much of it qualifies as marital property. A robust strategy will also outline how market gains or losses are handled while the divorce is pending.
Most workplace retirement plans require a special court order called a Qualified Domestic Relations Order, or QDRO, which tells the plan administrator how to split the account. (Note: IRAs do not require a QDRO, but still require specific language in the divorce decree to execute a tax-free transfer).
The QDRO has to meet specific requirements set by both the court and the retirement plan itself before it becomes valid
Once the QDRO sees approval, the plan administrator carries out the division and releases the appropriate funds to the receiving spouse
Paying close attention to tax rules during this process could help both parties avoid unexpected penalties or a surprise tax bill
Each of these steps comes with its own requirements, and a misstep at any stage could delay or complicate the process.Dividing a retirement account in a Texas divorce is rarely as straightforward as it sounds. Having the right legal guidance by your side could help protect your financial future and make sure you receive everything what you deserve.]]>On Behalf of Law Thompson, P.C.<![CDATA[What happens when your co-parent moves out of Texas?]]>https://www.lawthompson.com/?p=497732026-04-06T17:29:08Z2026-04-06T17:29:08ZGeographic restrictions and contempt of court
Most Texas custody orders include a "residency restriction" under state law. This typically mandates that the child must reside within a specific county or its contiguous neighbors.
Legal limitations: A parent cannot relocate the child outside the restricted area without a new court order or a formal written agreement from the other parent.
Severe consequences: Moving a child in violation of a restriction may lead to contempt of court charges and an emergency order for the immediate return of the child to Texas.
Custody shifts: Violating these provisions constitutes a material and substantial change, which can justify shifting primary custody to the parent remaining in Texas.
A move without prior judicial approval is a serious procedural error that can permanently damage a parent's standing in future litigation.
Travel expenses: who pays?
If a move is legally authorized, the visitation schedule usually transitions to the Expanded or Long-Distance Standard Possession Order. This adjustment ensures the child maintains a deep relationship through extended blocks of time:
Monthly visitation: The non-custodial parent typically receives one weekend per month of their choice.
Holiday rotations: The distant parent often receives every Spring Break and alternating Thanksgiving and Christmas holidays.
Summer sessions: A longer summer visitation period, usually lasting 42 days, is granted to compensate for the distance.
Under the Texas code, judges have the discretion to allocate travel costs fairly. Typically, the parent choosing to relocate is expected to shoulder a larger portion of the logistical and financial burden for transportation.
Jurisdiction under the UCCJEA
Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), Texas generally remains the "home state" for at least six months following a relocation. This prevents "forum shopping" for a favorable judge in another state. Even if a parent moves to Oklahoma or Florida, the original Texas court maintains exclusive continuing jurisdiction over the case.
Filing a Petition to Modify the Parent-Child Relationship is essential to officially update pick-up locations and communication rules, such as scheduled FaceTime or Zoom calls. Consulting with a family law professional ensures that your rights are protected throughout this transition and that all modifications comply with the rigorous standards of the Texas Family Code.]]>On Behalf of Law Thompson, P.C.<![CDATA[What if my work schedule makes traditional parenting time impossible?]]>https://www.lawthompson.com/?p=497712026-03-18T04:06:18Z2026-03-18T04:06:18Zthe law allows you to build a different possession order.
Moving beyond the standard order
The Texas Standard Possession Order (SPO) is just a default. If your job requires 2-weeks-on/2-weeks-off, or a rotating shift, the SPO is "unworkable." In these cases, you can propose a modified possession order.
Common creative arrangements include:
The "2-2-3" or "3-4-4-3" schedule: Perfect for healthcare workers or first responders who have mid-week days off.
Block time: For parents who work offshore or travel internationally, taking the child for longer, continuous blocks of time (for instance 7 or 14 days) to match their time off.
The right of first refusal: A clause stating that if one parent is called into work during their time, they must call the other parent to watch the child before calling a sitter.
The role of extended family support
Throughout Texas, many families rely on grandparents or siblings. If your work schedule has a "gap" (for instance, you get off at 7:00 PM but the exchange is at 6:00 PM), the court allows you to designate a competent adult to handle the pickup or supervision. Demonstrating that you have a stable support system shows the judge that the child will be cared for even when you are on the clock.
Demonstrating your commitment
A demanding career is not a "strike" against you, provided you show the court you are prioritizing the child during your off-hours.
Virtual visitation: Including scheduled FaceTime or Zoom calls into your court order ensures you stay part of the daily routine even when you are traveling for work.
Flexibility clauses: Agreements that allow for notice-based scheduling (providing the other parent your work roster 30 days in advance) can keep the peace and keep you involved.
Your child deserves a relationship with you, regardless of your shifts. If you are having trouble with your schedule, an attorney can help you find solutions for your family.]]>On Behalf of Law Thompson, P.C.<![CDATA[Can my spouse get half of my 401(k) in a Texas divorce?]]>https://www.lawthompson.com/?p=497692026-02-17T22:51:12Z2026-03-05T22:48:02ZTexas Community Property Law and Retirement Accounts
Texas is a community property state, meaning assets accumulated during the marriage are generally subject to division in a divorce. This applies to 401(k) accounts just as it does to bank accounts and real estate.
The key phrase is "accumulated during the marriage." If your 401(k) existed before you were married, the pre-marital balance - and growth attributable to that balance - may qualify as your separate property.
Only contributions made during the marriage, along with investment gains on those contributions, are generally considered community property subject to division.
Is It Always a 50/50 Split?
Not necessarily. Texas law requires a "just and right" division of community property, which sometimes means 50/50, but not always.
A court can award a disproportionate share based on factors such as fault in the breakup of the marriage, disparity in earning capacity, or the needs of children involved.
How Is a 401(k) Actually Divided?
Dividing a 401(k) requires a specific legal document called a Qualified Domestic Relations Order — commonly known as a QDRO. This court order establishes your spouse as an "alternate payee," directing the plan administrator to transfer a specified portion of the account to them. When executed correctly, the transfer is not treated as a taxable distribution - meaning neither party owes income tax or the 10% early withdrawal penalty at the time of transfer.
A divorce decree alone does not divide a 401(k). The QDRO is a separate document that must be drafted, approved by the court, and accepted by the plan administrator. Each plan has its own specific requirements, and administrators can reject orders that do not meet them, resulting in delays and additional legal work.
Protecting Your Retirement
The most important steps are acting early and working with experienced professionals. Attorney Travis Thompson has extensive experience handling retirement asset division in complex Texas divorces. Contact our Houston office to schedule a confidential consultation.]]>On Behalf of Law Thompson, P.C.<![CDATA[What happens to my Texas business if I get divorced?]]>https://www.lawthompson.com/?p=497682026-02-17T21:41:27Z2026-02-27T21:39:21ZTexas Is a Community Property State
Texas law treats assets acquired during a marriage as community property, subject to division in a divorce. This includes business interests. If you founded or acquired your business after your wedding date, your spouse may have a claim to a portion of its value - even if they had no involvement in running it.
If your business existed before the marriage, the original value may qualify as your separate property. However, any growth or appreciation that occurred during the marriage due to your labor and effort — or the investment of marital funds — may be considered community property. This distinction is where most business divorce disputes are won or lost.
How Is a Business Actually Valued?
Before anything can be divided, the business must be valued. Texas courts generally recognize three approaches:
the income approach, which estimates value based on earning potential;
the market approach, which compares the business to similar companies that have sold
the asset approach, which calculates net asset value
The methodology chosen can significantly affect the outcome, which is why each spouse often retains their own valuation expert.
Courts will also examine whether any portion of the business's value constitutes personal goodwill — reputation and relationships tied directly to you as an individual - versus enterprise goodwill that would survive under new ownership. In Texas, personal goodwill is generally treated as separate property.
What Can You Do to Protect Your Business?
The most effective protections are put in place before divorce proceedings begin - a prenuptial or postnuptial agreement that clearly defines the business as separate property is the strongest safeguard available. During divorce, working with an experienced attorney and a qualified business appraiser gives you the best opportunity to limit your spouse's claim to what is legally and fairly theirs.
At [nap_names id="FIRM-NAME-1"], Travis Thompson has decades of experience protecting business owners' interests in complex Texas divorces. Contact our Houston office to schedule a confidential consultation.]]>On Behalf of Law Thompson, P.C.<![CDATA[We were together 20 years before we could legally marry; How does Texas divide our property?]]>https://www.lawthompson.com/?p=497672026-02-17T21:33:00Z2026-02-17T21:33:00ZThe Basics: How Texas Community Property Law Works
Texas is a community property state. The general rule is that assets acquired during the marriage are community property, subject to division in a divorce, while assets acquired before the marriage are separate property belonging to the individual spouse.
For most couples, identifying the start of the marriage is straightforward - it is the wedding date.
For same-sex couples with long pre-legal-marriage histories, it is anything but.
The Retroactive Recognition Question
One of the most important and unsettled questions in Texas LGBTQ+ divorce law is whether courts will recognize the date of an out-of-state same-sex marriage as the legal beginning of the marriage for community property purposes - even if that marriage predates Texas's recognition of same-sex unions.
Before 2015, some same-sex couples traveled to states like Massachusetts, Iowa, or Vermont to legally marry, then returned to Texas where that marriage was not recognized. If a Texas court applies retroactive recognition to those marriages, assets accumulated from the out-of-state wedding date onward could be treated as community property, significantly expanding the marital estate subject to division.
Texas courts have shown some willingness to apply this retroactive recognition, but it is not guaranteed, and outcomes have not been uniform. This remains an actively developing area of Texas family law, and the facts of your specific situation - where you married, when you moved to Texas, how you represented your relationship - will all bear on how a court approaches the question.
What About Couples Who Never Formally Married Before 2015?
Many same-sex couples who could not legally marry simply remained together in committed partnerships, building wealth and lives together without any formal legal recognition. For these couples, the question of retroactive recognition does not apply - but another legal concept may: common-law marriage.
Texas recognizes informal or common-law marriage when three elements are present. The couple must have agreed to be married, lived together in Texas as a married couple, and represented themselves to others as married. If these conditions were met during the years before a formal legal marriage was possible, a court could potentially recognize the common-law marriage as beginning earlier than the formal wedding date.
It is important to note that establishing a common-law marriage in this context is not straightforward. The element of agreement to be married is particularly complex for couples who were legally prohibited from marrying at the time. Texas courts have not consistently addressed how this prohibition affects the common-law marriage analysis for same-sex couples, and this is an area where experienced legal counsel is essential.
The Practical Impact on Property Division
The date a court assigns as the beginning of your marriage has enormous practical consequences. Consider a couple who were together for 18 years before legally marrying in 2015 and are now divorcing. If the court treats 2015 as the start of the marriage, only assets acquired in the last several years are community property. If the court recognizes an earlier date - an out-of-state marriage in 2008, for example, or a common-law marriage established even earlier - the community estate could include assets accumulated over a much longer period.
This affects retirement accounts, real estate appreciation, business growth, investment portfolios, and any other asset whose value has changed over time. The difference between these two outcomes can be substantial. In some cases, the difference of tens or hundreds of thousands of dollars.
Separate Property and the Commingling Problem
Even where pre-marital assets are properly classified as separate property, long-term couples frequently face a commingling problem. When separate property funds are deposited into joint accounts, used to pay down shared mortgages, or invested alongside marital funds over many years, tracing that money back to its separate property origin becomes increasingly difficult.
Texas law places the burden of proving separate property on the spouse claiming it, and that burden must be met by clear and convincing evidence. For couples whose finances have been intertwined for two decades, meeting that standard can be challenging without detailed financial records and, in complex cases, the assistance of a forensic accountant.
What You Can Do
If you are in a long-term same-sex relationship and have not yet divorced, there are steps you can take now to protect yourself. A prenuptial or postnuptial agreement can define how pre-marital assets will be treated, removing the question from a court's hands entirely. Maintaining clear documentation of the origin of significant assets - account statements, property records, business records - will make tracing easier if it ever becomes necessary.
If you are already facing divorce, the most important step is to work with an attorney who understands both Texas community property law and the specific legal history of same-sex marriage in this state. The intersection of these two areas is genuinely complex, and the outcome of your case can turn on legal arguments that a general practice attorney may not be equipped to make.
If you are a same-sex couple facing divorce in the Houston area and have questions about how your property will be divided, we invite you to contact our office to schedule a confidential consultation.]]>On Behalf of Law Thompson, P.C.<![CDATA[2 telltale signs that your spouse could be attempting to hide assets]]>https://www.lawthompson.com/?p=489952025-07-10T22:44:07Z2024-07-10T22:30:10ZBefore ruling on property division, divorcing couples are required to make full disclosure of all their assets and debts. This is meant to ensure that each party walks out of the marriage with their fair share of the marital property. Texas is a community property state, meaning that marital property must be divided evenly between the divorcing parties according to the state’s statute.While this property division approach works for some couples, others may have a difficult time determining what each party should get at the end of the marriage. As a result, some spouses may attempt to hide assets from the court and their partners with the goal of gaining more from the divorce.
Common tactics spouses use to hide marital assets
Spouses may employ numerous different methods of trying to conceal assets during a divorce. Here are some of the more common tactics:
Converting cash
Once the divorce process has kicked off, some spouses may opt to convert cash into property with the goal of hiding them from the court and the other party. For instance, they may withdraw cash from the savings account and purchase clothing or other items. The goal is to let you overlook or undervalue these acquisitions during the divorce. Alternatively, some spouses may convert cash to travelers’ checks or bonds that are both difficult to trace.
Using the business to hide assets
If your spouse owns or operates a business, they could use that business to hide both personal and marital assets. They can do this by funneling personal funds into the business or redirecting business funds that should have been treated as income. For instance, they can set up a “ghost employee” and channel funds towards this employee’s salary. Once the divorce is finalized, they can reroute this money back without you or the court’s knowledge.Going through a divorce can be emotionally and financially taxing. It does not get any better if your spouse is hiding marital assets. If you suspect that your spouse is engaging in this practice, it is important that you take proactive steps to trace the hidden assets and bring the matter to the attention of the court. ]]>On Behalf of Law Thompson, P.C.<![CDATA[How divorce mediation works in Texas]]>https://www.lawthompson.com/?p=495742023-10-06T14:23:56Z2023-10-06T14:23:56ZMediation is one popular option for helping a divorcing couple negotiate critical matters like child custody, child support, alimony and property division. For those who can use it successfully, mediation can be faster and cheaper than traditional divorce. And because it is more holistic and less confrontational, people who go through it often feel greater ownership over the terms of their settlement. Not only does this help you and your ex feel better about its terms, it can also help ensure your ex complies with it.
The mediation process in Houston
Divorce mediation works by having you and your ex meet with a neutral third party called a mediator. A divorce mediator is typically a family law attorney or retired family court judge, but they are there to represent you or your spouse. Instead, the mediator will explain the traditional divorce process in Texas and how it would likely decide matters like property division and child custody. They will then guide you through negotiations with your partner to try to settle these issues together.
Should I still work with my own lawyer?
While your attorney will not be a part of the mediation sessions, they can still help you prepare and review any agreements you have reached to ensure they are fair. Working with a divorce attorney can help make mediation a more effective and satisfactory method of resolving your divorce.]]>On Behalf of Law Thompson, P.C.<![CDATA[What do child custody legal words and phrases really mean?]]>https://www.lawthompson.com/?p=495372023-08-18T19:37:51Z2023-05-25T09:41:39ZMany people dealing with a family law issue do not completely understand the phrases and words they may encounter in a divorce. Even worse, legal terminology often varies from state to state, potentially causing even more confusion.
Incorrectly interpreting legalese in a divorce could compromise your or your child’s interests. Consider learning more about family law terminology to enhance your protection. Below are a few definitions to kick off your education.
Conservatorship (of a child)
One common misconception is that “child custody” is the only term courts use when discussing kids and parental responsibilities. In Texas, courts use the word conservatorship instead, and it has nothing to do with the time parents spend with their children.Conservatorship defines the responsibilities and rights of each parent, where the children will live and parental decision-making rights.
Access and possession
In Texas, you may hear "access and possession" in place of (or in addition to) child visitation. These words describe the minimum time your children will spend with each parent. Possession means in-person time, while access refers to other contact or access methods (phone calls, video chats, etc.).Access and possession are binding court orders usually included with your Decree of Divorce.
Best interests of the child
In all states, this phrase refers to a set of principles family law judges rely on when making decisions involving a child. To arrive at the best interests of your child, the court may look at:
Each parent’s ability to provide for the kids
Each parent’s mental and physical health
Religious or cultural issues
Stability of parental homes
Many other factors
You can be sure the court wants to protect your kids from hardships, but they can make mistakes. Consider obtaining legal representation to help ensure your child-related court orders are best for your family.]]>On Behalf of Law Thompson, P.C.<![CDATA[Protect your parental rights: Enforcing custody orders in Texas]]>https://www.lawthompson.com/?p=495382023-05-23T02:49:49Z2023-05-23T02:49:49ZDivorce is a breakdown of the marriage, not your relationship with the children. Therefore, your co-parent should not interfere with your parental rights or try to negatively influence relations with your children.
If your co-parent prevents you from accessing the children against court orders or is constantly violating the existing custody agreement, you can take steps to rectify that. Court-issued custody orders must be followed and are enforceable. Here is what you should do.
Try talking about it
It's always best to resolve such issues with your co-parent through communication. They may have a valid reason for the violation or misunderstanding of the court order. Talking to them calmly and respectfully may help clarify the situation and get them to comply with the order. If possible, get a neutral third party to help mediate and resolve the matter.
Explore your legal options
Dialogue does not always work out; if it's the case, it may be time to look into other options. You can go to court to seek enforcement of the custody orders. The process involves filing an enforcement motion and presenting relevant evidence before a judge issues a judgment.The court can employ various enforcement tactics, such as fines or holding them in contempt of court which can lead to criminal penalties. A judge may also modify the existing orders to suit the circumstances, although it depends on the particulars of each case and the children's best interests.
Get the help you need
Enforcing child custody orders is essential for protecting your parental rights and ensuring your children's best interests are served. As such, it helps to have the necessary legal guidance when gathering evidence and arguing your case. It will go a long way in safeguarding your involvement in your children's lives.]]>