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Can a Contempt Motion Be Filed For Failure to Pay Funds in A Retirement Account in a Divorce Decree

Can a Contempt Motion Be Filed For Failure to Pay Funds in A Retirement Account in a Divorce Decree

Q: Are retirement accounts protected from divorce?

Retirement accounts are not completely protected in a divorce. While some states may allow certain protections, generally, the funds in these accounts can be divided as part of the marital assets. The specific division depends on state laws and the terms of the divorce settlement.

Q: How do I protect my retirement accounts before marriage?

To protect your retirement accounts before marriage, consider a prenuptial agreement that clearly states how these assets will be treated in the event of a divorce. This legal document can help ensure that your retirement funds remain separate property and are not subject to division.

Q: Is it legal to cash out your 401(k) before a divorce?

Yes, it is legal to cash out your 401(k) before a divorce, but doing so can have tax implications and penalties. Additionally, cashing out may affect the division of assets in the divorce. It's advisable to consult with a financial advisor or attorney before making this decision.

Q: Can a divorced spouse get a pension?

Yes, a divorced spouse may be entitled to a portion of a pension if it was earned during the marriage. This typically requires a court order or a QDRO to ensure the pension benefits are divided according to the divorce decree.

Q: Do retirement accounts get split in a divorce?

Yes, retirement accounts can be split in a divorce. The division is usually based on the terms set forth in the divorce agreement or court order. A QDRO may be necessary to execute the transfer of funds from one spouse's account to another's.

Full question:

My divorce was final November 2008. The divorce papers stated that he was to transfer $50,000 (flat amount not percent of account value) from his retirement account to my retirement account. He still has not done this. Can I take him to court for the $50,000 plus the value the account would have increased if he had transferred the money in 30 days like he was supposed to?

Category: Contempt
Date: 04/07/2025
State: Tennessee

Answer:

When a court order isn't followed, a petition for contempt may be filed in the court that issued the order. A request may also be made to have the court to order the noncomplying party to pay for the losses caused by the failure to comply, such as lost interest. The court retains continuing jurisdiction to enforce its orders by holding the noncomplying party in contempt of court.

If the former spouse fails to maked required payments, it is possible you may file a motion for contempt, and then it will be a matter of subjective determination for the court, based on all the facts and documents involved. A party may also file a Judgment on Rule for Contempt, which is a prepared judgment ready for the judge to sign, to further the court's ease in making a determination. A certificate of service is filed along with the petition to prove that the petition was served on the opposing party.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can my ex-wife take my retirement money?

In a divorce, retirement accounts can be subject to division. If a court order specifies that a portion of your retirement money goes to your ex-wife, she has the right to claim that amount. The division typically follows the terms outlined in the divorce decree, which may require a Qualified Domestic Relations Order (QDRO) to facilitate the transfer.