This is the next article in my discussion on enforcing a Decree of Divorce in Nevada after a case is completed. My last article discussed holding a former spouse in contempt for failing to pay alimony. It should be remembered that the Court’s goal is to gain compliance with its orders. It is not to “punish” the other party. If, however, incarceration appears to be the only option which will gain compliance, then the Court will take that route. An experienced attorney can assist you with determining how a Judge may rule in your given situation. In this article, I will be discussing the division of retirement assets after a divorce. If you are in need of assistance then contact my office to speak with a Las Vegas lawyer.
Nevada Divorce Decrees will require a spouse to sign any documents necessary to effectuate the division of retirement accounts or pensions
It is common for spouses to agree to the division of retirement accounts or pensions as part of a divorce. Nevada is a “community property” state. This means that community earnings which are used to fund retirement are considered to have belonged to each of the spouses. Any appreciation on retirement assets or pension credits will also be considered community in nature. Upon the end of a marriage the Decree of Divorce will typically include language which requires the spouse, who is holding the asset, to sign any documents which are necessary for the other spouse to receive their community share.
The foregoing is best explained through an example. Suppose John and Jane have been married for ten years. John has worked for the same company for twenty years and has contributed to his 401k out of each paycheck. John will also receive a pension after thirty years of service with the company. The spouses file for divorce. Under these facts, Jane will have a right to a five-year share of John’s pension upon retirement and he will receive the remainder. This is due to the fact that ten of the years are “community” in nature. Jane’s one-half share of the pension is, therefore, for five years. Also, 401k contributions made during the marriage, and the appreciation on those contributions, will be community and Jane will have a one-half interest in them. John will be required, after the divorce, to sign a QDRO so that Jane may receive her share of the pension. He will also be required to sign any necessary paperwork with his employer so that Jane may receive her share of the 401k. If he does not do so, then Jane may seek to hold him in contempt of court for violating the Decree of Divorce.
If a party is forced to file a contempt Motion, then the Court is likely to require that the offending party pay the other spouse’s legal fees for having to do so. Also, in a situation where a party is already able to receive the pension or otherwise access retirement assets, they may be liable to the other side for any money lost. What a spouse is entitled to, beyond ensuring compliance with the Court’s orders, will always depend on the specifics of the matter. Retaining an experienced attorney is important to ensuring that your interests remain protected.
Contact a Las Vegas lawyer if your former spouse is failing to follow the Decree of Divorce
If your former spouse is failing to follow the Decree of Divorce, in regard to retirement assets, then it is important that you take immediate action to protect your rights. Failing to do so can lead to assets declining in value and other financial damages. I am a Las Vegas divorce lawyer who assists those facing post-Decree issues. I practice solely in the area of family law and I understand that this is an important time in your life. If you or a loved one are in need of assistance then contact my office online or by telephone today to schedule an initial consultation.
I assist individuals throughout southern Nevada, including those in Boulder City, Henderson, North Las Vegas, and Summerlin.