{"id":1556,"date":"2020-03-30T09:00:41","date_gmt":"2020-03-30T14:00:41","guid":{"rendered":"https:\/\/www.texasdivorceattorneyblog.com\/?p=1556"},"modified":"2020-03-30T09:00:41","modified_gmt":"2020-03-30T14:00:41","slug":"texas-divorce-court-may-award-damages-to-wife-where-husband-improperly-withdrew-retirement-funds-during-divorce","status":"publish","type":"post","link":"https:\/\/www.mcclure-lawgroup.com\/blog\/texas-divorce-court-may-award-damages-to-wife-where-husband-improperly-withdrew-retirement-funds-during-divorce\/","title":{"rendered":"Texas Divorce Court May Award Damages to Wife Where Husband Improperly Withdrew Retirement Funds During Divorce"},"content":{"rendered":"<p>Under Texas family law, if a party in a divorce case fails to comply with the divorce decree and delivery of the awarded property would no longer be an adequate remedy, the court may render a money judgment for the damages.\u00a0 Tex. Fam. Code Ann. \u00a7 9.010.\u00a0 A husband <a href=\"https:\/\/cases.justia.com\/texas\/eighth-court-of-appeals\/2020-08-18-00136-cv.pdf?ts=1585235878\" target=\"_blank\" rel=\"noopener noreferrer\">recently challenged<\/a> an enforcement order awarding the wife damages after the husband withdrew and spent all the funds from two retirement accounts while the divorce was pending.<\/p>\n<p>The inventories submitted by the husband in the divorce proceedings included two retirement accounts in his name, but did not specify an amount.\u00a0 Both parties were ordered to preserve assets until the divorce was concluded, but the husband closed the accounts and transferred the funds to his personal account.\u00a0\u00a0 The trial court awarded 50% of each account to the wife in the final divorce decree.<\/p>\n<p>The wife sued to enforce the property division in the divorce decree, also alleging fraud on the community.\u00a0 The husband testified he had withdrawn about $75,000 from the accounts and admitted he had done so without notifying the wife or the court.\u00a0 He testified he spent the funds on living expenses because he was unemployed.<\/p>\n<p> <a href=\"https:\/\/www.mcclure-lawgroup.com\/blog\/texas-divorce-court-may-award-damages-to-wife-where-husband-improperly-withdrew-retirement-funds-during-divorce\/#more-1556\" class=\"more-link\">Continue Reading \u203a<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Under Texas family law, if a party in a divorce case fails to comply with the divorce decree and delivery of the awarded property would no longer be an adequate remedy, the court may render a money judgment for the damages.\u00a0 Tex. Fam. Code Ann. \u00a7 9.010.\u00a0 A husband recently challenged an enforcement order awarding [&hellip;]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[27],"tags":[],"class_list":["post-1556","post","type-post","status-publish","format-standard","hentry","category-property"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.4 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Texas Divorce Court May Award Damages to Wife Where Husband Improperly Withdrew Retirement Funds During Divorce &#8212; Texas Divorce Attorney Blog &#8212; March 30, 2020<\/title>\n<meta name=\"description\" content=\"Under Texas family law, if a party in a divorce case fails to comply with the divorce decree and delivery of the awarded property would no longer be an &#8212; March 30, 2020\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.mcclure-lawgroup.com\/blog\/texas-divorce-court-may-award-damages-to-wife-where-husband-improperly-withdrew-retirement-funds-during-divorce\/\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:title\" content=\"Texas Divorce Court May Award Damages to Wife Where Husband Improperly Withdrew Retirement Funds During Divorce &#8212; 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Texas Divorce Attorney Blog &#8212; March 30, 2020","twitter_description":"Under Texas family law, if a party in a divorce case fails to comply with the divorce decree and delivery of the awarded property would no longer be an &#8212; March 30, 2020","twitter_misc":{"Written by":"McClure Law Group","Est. reading time":"4 minutes"},"schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"Article","@id":"https:\/\/www.mcclure-lawgroup.com\/blog\/texas-divorce-court-may-award-damages-to-wife-where-husband-improperly-withdrew-retirement-funds-during-divorce\/#article","isPartOf":{"@id":"https:\/\/www.mcclure-lawgroup.com\/blog\/texas-divorce-court-may-award-damages-to-wife-where-husband-improperly-withdrew-retirement-funds-during-divorce\/"},"author":{"name":"McClure Law Group","@id":"https:\/\/www.mcclure-lawgroup.com\/blog\/#\/schema\/person\/cc788ee45d62b5f4a4fd383744a4ce11"},"headline":"Texas Divorce Court May Award Damages to Wife Where Husband Improperly Withdrew Retirement Funds During Divorce","datePublished":"2020-03-30T14:00:41+00:00","mainEntityOfPage":{"@id":"https:\/\/www.mcclure-lawgroup.com\/blog\/texas-divorce-court-may-award-damages-to-wife-where-husband-improperly-withdrew-retirement-funds-during-divorce\/"},"wordCount":755,"articleSection":["Property"],"inLanguage":"en-US"},{"@type":"WebPage","@id":"https:\/\/www.mcclure-lawgroup.com\/blog\/texas-divorce-court-may-award-damages-to-wife-where-husband-improperly-withdrew-retirement-funds-during-divorce\/","url":"https:\/\/www.mcclure-lawgroup.com\/blog\/texas-divorce-court-may-award-damages-to-wife-where-husband-improperly-withdrew-retirement-funds-during-divorce\/","name":"Texas Divorce Court May Award Damages to Wife Where Husband Improperly Withdrew Retirement Funds During Divorce &#8212; 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