Travis County, TX · Free Consultation
Westlake Hills, TX Contested Divorce Lawyer
Retirement savings are often a couple’s second-biggest asset, and dividing them takes more than a line in the decree. SMB Law, PC helps Westlake Hills spouses divide 401(k)s and pensions correctly. A Westlake Hills contested divorce lawyer knows dividing a 401(k) or pension takes a precise order, not just a line in the decree. Shane has been licensed since 2003 and personally makes sure Central Texas retirement assets are split correctly.
Many Westlake Hills professionals have substantial retirement and pension assets, and the marital portion of those accounts is a major issue in a contested divorce.
Where a Westlake Hills contested divorce is filed
Westlake Hills is in Travis County, so a contested divorce is filed with the Travis County District Clerk at the Civil and Family Courthouse on Guadalupe Street in Austin, close to our office. Many issues are resolved before trial.
Dividing retirement accounts and pensions
Retirement savings are frequently a couple’s second-largest asset, and the portion earned during the marriage is community property subject to division — even if only one spouse’s name is on the account. Dividing a 401(k), pension, or other employer plan usually requires a Qualified Domestic Relations Order (QDRO), a separate court order instructing the plan administrator to split the account without triggering taxes or early-withdrawal penalties. IRAs divide through a different mechanism spelled out in the decree. Valuing these assets can be tricky: a traditional pension’s present value, the marital versus separate share of an account that predates the marriage, and the difference between pre-tax and after-tax dollars all matter. A decree that says ‘divide the 401(k) equally’ but omits a proper QDRO can leave a spouse unable to actually collect. We help Westlake Hills spouses identify and value every retirement asset, characterize the marital portion, and get the QDROs and decree language right so the division truly happens.
Getting the QDRO and the numbers right
The reason retirement division goes wrong in Westlake Hills divorces is usually paperwork, not principle. A decree can say the accounts are split evenly, but a 401(k) or pension will not move without a QDRO drafted to that plan’s specifications and approved by its administrator, and an IRA needs specific transfer language to avoid a taxable event. We coordinate the valuation — including the present value of a pension and the marital-versus-separate share of accounts that started before the marriage — and prepare or review the QDROs so the split is actually implemented. Handling this at the decree stage, rather than discovering a problem years later at retirement, is what protects the value a spouse is entitled to.
Experienced advocacy when a divorce turns adversarial
A contested divorce is one of the hardest things a person goes through, and it rewards a steady, experienced hand. You work directly with attorney Shane M. Boasberg, who has represented Texans for more than two decades and has been licensed by the State of Texas since 2003. He fights for what matters to you while keeping the case focused and moving, explains every step in plain English, and keeps you informed from your first confidential consultation through the final decree.
Working with us from Westlake Hills
Our office is in downtown Austin, an easy reach from Westlake Hills. We handle most consultations and case updates by phone and video, and your first consultation is confidential. If travel is difficult, we can also come to you.
Why clients choose SMB Law, PC
- Direct attorney access — you talk to Shane, licensed since 2003, not a call center.
- A clear strategy — we fight where it counts and settle where it makes sense.
- Honest advice and transparent fees explained before you commit.
What working with us looks like
- Confidential consultation to understand your goals and the law that applies.
- Strategy and records tailored to your situation.
- Negotiation or court — we settle when we can and litigate when we must.
- Final decree entered correctly so you can move forward.
Frequently asked questions
Is my spouse entitled to my 401(k) in a divorce?
The part earned during the marriage is generally community property, so a spouse is often entitled to a share of it even if the account is in your name.
What is a QDRO?
A Qualified Domestic Relations Order — a separate court order that directs a retirement plan to split an account without tax or early-withdrawal penalties.
Are retirement accounts split without penalty?
With the correct QDRO or decree language, yes. Without it, a division can trigger taxes and penalties or fail to work at all.
Do I have to travel to your office from Westlake Hills?
No. Our downtown Austin office is about 7 miles east via Loop 360 and Bee Cave Road, and we handle Westlake Hills divorces by phone and video.