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

Asked about 1 year ago - 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. Adam Kielich

    Contributor Level 18


    Lawyers agree

    Answered . 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.

  2. James D. Roark

    Contributor Level 13


    Lawyers agree

    Answered . 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
  3. Mark Allen Land

    Contributor Level 19


    Lawyers agree


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

  4. Lee Alan Thompson

    Contributor Level 20


    Lawyers agree

    Answered . This should be posted under divorce

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Related Topics


Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Uncontested Divorce

An uncontested divorce is one in which spouses agree on relevant issues such as division of property, child custody/support, and alimony.

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