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We do not need anything from each others retirement accounts - IRAs, 401ks. Do we need to document the same in the divorce docs?

Round Rock, TX |

It is an uncontested divorce. We have made sure that each one of us has a house to live in with basic needs. No kids. Both are working and on good terms and able to pay our bills. Do I have to list the IRA, 401k accounts in spite of not contesting and not splitting it?

Attorney Answers 4


  1. This should be posted under divorce

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  2. If you agree for each of you to keep their "own" retirement accounts, you should say so in your decree.


  3. It is a good idea to specifically state each as separate assets of the individual spouse who controls the account. It is not required but it will avoid future potential problems.


  4. I recommend being as specific as you can to describe the particular accounts you are awarding, including the last 3 or 4 numbers of the account number. Some administrators can prove to be difficult later on if just a general award is made.

    24 years in Family Law and Criminal Defense. 713-627-0010 Nights/Wknds OK

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