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Statutes > Texas > Family-code > Title-1-the-marriage-relationship > Chapter-9-post-decree-proceedings
FAMILY CODE
TITLE 1. THE MARRIAGE RELATIONSHIP
SUBTITLE C. DISSOLUTION OF MARRIAGE
CHAPTER 9. POST-DECREE PROCEEDINGS
SUBCHAPTER A. SUIT TO ENFORCE DECREE
Sec. 9.001. ENFORCEMENT OF DECREE. (a) A party affected by a
decree of divorce or annulment providing for a division of
property as provided by Chapter 7 may request enforcement of that
decree by filing a suit to enforce as provided by this chapter in
the court that rendered the decree.
(b) Except as otherwise provided in this chapter, a suit to
enforce shall be governed by the Texas Rules of Civil Procedure
applicable to the filing of an original lawsuit.
(c) A party whose rights, duties, powers, or liabilities may be
affected by the suit to enforce is entitled to receive notice by
citation and shall be commanded to appear by filing a written
answer. Thereafter, the proceedings shall be as in civil cases
generally.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 9.002. CONTINUING AUTHORITY TO ENFORCE DECREE. The court
that rendered the decree of divorce or annulment retains the
power to enforce the property division as provided by Chapter 7.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 9.003. FILING DEADLINES. (a) A suit to enforce the
division of tangible personal property in existence at the time
of the decree of divorce or annulment must be filed before the
second anniversary of the date the decree was signed or becomes
final after appeal, whichever date is later, or the suit is
barred.
(b) A suit to enforce the division of future property not in
existence at the time of the original decree must be filed before
the second anniversary of the date the right to the property
matures or accrues or the decree becomes final, whichever date is
later, or the suit is barred.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 9.004. APPLICABILITY TO UNDIVIDED PROPERTY. The procedures
and limitations of this subchapter do not apply to existing
property not divided on divorce, which are governed by Subchapter
C and by the rules applicable to civil cases generally.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 9.005. NO JURY. A party may not demand a jury trial if the
procedures to enforce a decree of divorce or annulment provided
by this subchapter are invoked.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 9.006. ENFORCEMENT OF DIVISION OF PROPERTY. (a) Except as
provided by this subchapter and by the Texas Rules of Civil
Procedure, the court may render further orders to enforce the
division of property made in the decree of divorce or annulment
to assist in the implementation of or to clarify the prior order.
(b) The court may specify more precisely the manner of effecting
the property division previously made if the substantive division
of property is not altered or changed.
(c) An order of enforcement does not alter or affect the
finality of the decree of divorce or annulment being enforced.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 9.007. LIMITATION ON POWER OF COURT TO ENFORCE. (a) A
court may not amend, modify, alter, or change the division of
property made or approved in the decree of divorce or annulment.
An order to enforce the division is limited to an order to assist
in the implementation of or to clarify the prior order and may
not alter or change the substantive division of property.
(b) An order under this section that amends, modifies, alters,
or changes the actual, substantive division of property made or
approved in a final decree of divorce or annulment is beyond the
power of the divorce court and is unenforceable.
(c) The power of the court to render further orders to assist in
the implementation of or to clarify the property division is
abated while an appellate proceeding is pending.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 9.008. CLARIFICATION ORDER. (a) On the request of a party
or on the court's own motion, the court may render a clarifying
order before a motion for contempt is made or heard, in
conjunction with a motion for contempt or on denial of a motion
for contempt.
(b) On a finding by the court that the original form of the
division of property is not specific enough to be enforceable by
contempt, the court may render a clarifying order setting forth
specific terms to enforce compliance with the original division
of property.
(c) The court may not give retroactive effect to a clarifying
order.
(d) The court shall provide a reasonable time for compliance
before enforcing a clarifying order by contempt or in another
manner.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 9.009. DELIVERY OF PROPERTY. To enforce the division of
property made in a decree of divorce or annulment, the court may
make an order to deliver the specific existing property awarded,
without regard to whether the property is of especial value,
including an award of an existing sum of money or its equivalent.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 9.010. REDUCTION TO MONEY JUDGMENT. (a) If a party fails
to comply with a decree of divorce or annulment and delivery of
property awarded in the decree is no longer an adequate remedy,
the court may render a money judgment for the damages caused by
that failure to comply.
(b) If a party did not receive payments of money as awarded in
the decree of divorce or annulment, the court may render judgment
against a defaulting party for the amount of unpaid payments to
which the party is entitled.
(c) The remedy of a reduction to money judgment is in addition
to the other remedies provided by law.
(d) A money judgment rendered under this section may be enforced
by any means available for the enforcement of judgment for debt.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 9.011. RIGHT TO FUTURE PROPERTY. (a) The court may, by
any remedy provided by this chapter, enforce an award of the
right to receive installment payments or a lump-sum payment due
on the maturation of an existing vested or nonvested right to be
paid in the future.
(b) The subsequent actual receipt by the non-owning party of
property awarded to the owner in a decree of divorce or annulment
creates a fiduciary obligation in favor of the owner and imposes
a constructive trust on the property for the benefit of the
owner.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 9.012. CONTEMPT. (a) The court may enforce by contempt an
order requiring delivery of specific property or an award of a
right to future property.
(b) The court may not enforce by contempt an award in a decree
of divorce or annulment of a sum of money payable in a lump sum
or in future installment payments in the nature of debt, except
for:
(1) a sum of money in existence at the time the decree was
rendered; or
(2) a matured right to future payments as provided by Section
9.011.
(c) This subchapter does not detract from or limit the general
power of a court to enforce an order of the court by appropriate
means.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 9.013. COSTS. The court may award costs in a proceeding to
enforce a property division under this subchapter as in other
civil cases.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 9.014. ATTORNEY'S FEES. The court may award reasonable
attorney's fees in a proceeding under this subchapter. The court
may order the attorney's fees to be paid directly to the
attorney, who may enforce the order for fees in the attorney's
own name by any means available for the enforcement of a judgment
for debt.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
768, Sec. 8, eff. September 1, 2009.
SUBCHAPTER B. POST-DECREE QUALIFIED DOMESTIC RELATIONS ORDER
Sec. 9.101. JURISDICTION FOR QUALIFIED DOMESTIC RELATIONS ORDER.
(a) Notwithstanding any other provision of this chapter, the
court that rendered a final decree of divorce or annulment or
another final order dividing property under this title retains
continuing, exclusive jurisdiction to render an enforceable
qualified domestic relations order or similar order permitting
payment of pension, retirement plan, or other employee benefits
divisible under the law of this state or of the United States to
an alternate payee or other lawful payee.
(b) Unless prohibited by federal law, a suit seeking a qualified
domestic relations order or similar order under this section
applies to a previously divided pension, retirement plan, or
other employee benefit divisible under the law of this state or
of the United States, whether the plan or benefit is private,
state, or federal.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 9.102. PROCEDURE. (a) A party to a decree of divorce or
annulment may petition the court for a qualified domestic
relations order or similar order.
(b) Except as otherwise provided by this code, a petition under
this subchapter is governed by the Texas Rules of Civil Procedure
that apply to the filing of an original lawsuit.
(c) Each party whose rights may be affected by the petition is
entitled to receive notice by citation and shall be commanded to
appear by filing a written answer.
(d) The proceedings shall be conducted in the same manner as
civil cases generally.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 9.103. PRIOR FAILURE TO RENDER QUALIFIED DOMESTIC RELATIONS
ORDER. A party may petition a court to render a qualified
domestic relations order or similar order if the court that
rendered a final decree of divorce or annulment or another final
order dividing property under this chapter did not provide a
qualified domestic relations order or similar order permitting
payment of benefits to an alternate payee or other lawful payee.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 9.104. DEFECTIVE PRIOR DOMESTIC RELATIONS ORDER. If a plan
administrator or other person acting in an equivalent capacity
determines that a domestic relations order does not satisfy the
requirements of a qualified domestic relations order or similar
order, the court retains continuing, exclusive jurisdiction over
the parties and their property to the extent necessary to render
a qualified domestic relations order.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 9.1045. AMENDMENT OF QUALIFIED DOMESTIC RELATIONS ORDER.
(a) A court that renders a qualified domestic relations order
retains continuing, exclusive jurisdiction to amend the order to
correct the order or clarify the terms of the order to effectuate
the division of property ordered by the court.
(b) An amended domestic relations order under this section must
be submitted to the plan administrator or other person acting in
an equivalent capacity to determine whether the amended order
satisfies the requirements of a qualified domestic relations
order. Section 9.104 applies to a domestic relations order
amended under this section.
Added by Acts 2005, 79th Leg., Ch.
481, Sec. 1, eff. June 17, 2005.
Sec. 9.105. LIBERAL CONSTRUCTION. The court shall liberally
construe this subchapter to effect payment of retirement benefits
that were divided by a previous decree that failed to contain a
qualified domestic relations order or similar order or that
contained an order that failed to meet the requirements of a
qualified domestic relations order or similar order.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 9.106. ATTORNEY'S FEES. In a proceeding under this
subchapter, the court may award reasonable attorney's fees
incurred by a party to a divorce or annulment against the other
party to the divorce or annulment. The court may order the
attorney's fees to be paid directly to the attorney, who may
enforce the order for fees in the attorney's own name by any
means available for the enforcement of a judgment for debt.
Added by Acts 2009, 81st Leg., R.S., Ch.
768, Sec. 9, eff. September 1, 2009.
SUBCHAPTER C. POST-DECREE DIVISION OF PROPERTY
Sec. 9.201. PROCEDURE FOR DIVISION OF CERTAIN PROPERTY NOT
DIVIDED ON DIVORCE OR ANNULMENT. (a) Either former spouse may
file a suit as provided by this subchapter to divide property not
divided or awarded to a spouse in a final decree of divorce or
annulment.
(b) Except as otherwise provided by this subchapter, the suit is
governed by the Texas Rules of Civil Procedure applicable to the
filing of an original lawsuit.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 9.202. LIMITATIONS. (a) A suit under this subchapter must
be filed before the second anniversary of the date a former
spouse unequivocally repudiates the existence of the ownership
interest of the other former spouse and communicates that
repudiation to the other former spouse.
(b) The two-year limitations period is tolled for the period
that a court of this state does not have jurisdiction over the
former spouses or over the property.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 9.203. DIVISION OF UNDIVIDED ASSETS WHEN PRIOR COURT HAD
JURISDICTION. (a) If a court of this state failed to dispose of
property subject to division in a final decree of divorce or
annulment even though the court had jurisdiction over the spouses
or over the property, the court shall divide the property in a
manner that the court deems just and right, having due regard for
the rights of each party and any children of the marriage.
(b) If a final decree of divorce or annulment rendered by a
court in another state failed to dispose of property subject to
division under the law of that state even though the court had
jurisdiction to do so, a court of this state shall apply the law
of the other state regarding undivided property as required by
Section 1, Article IV, United States Constitution (the full faith
and credit clause), and enabling federal statutes.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 9.204. DIVISION OF UNDIVIDED ASSETS WHEN PRIOR COURT LACKED
JURISDICTION. (a) If a court of this state failed to dispose of
property subject to division in a final decree of divorce or
annulment because the court lacked jurisdiction over a spouse or
the property, and if that court subsequently acquires the
requisite jurisdiction, that court may divide the property in a
manner that the court deems just and right, having due regard for
the rights of each party and any children of the marriage.
(b) If a final decree of divorce or annulment rendered by a
court in another state failed to dispose of property subject to
division under the law of that state because the court lacked
jurisdiction over a spouse or the property, and if a court of
this state subsequently acquires the requisite jurisdiction over
the former spouses or over the property, the court in this state
may divide the property in a manner that the court deems just and
right, having due regard for the rights of each party and any
children of the marriage.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 9.205. ATTORNEY'S FEES. In a proceeding to divide property
previously undivided in a decree of divorce or annulment as
provided by this subchapter, the court may award reasonable
attorney's fees. The court may order the attorney's fees to be
paid directly to the attorney, who may enforce the order in the
attorney's own name by any means available for the enforcement of
a judgment for debt.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
768, Sec. 10, eff. September 1, 2009.
SUBCHAPTER D. DISPOSITION OF UNDIVIDED BENEFICIAL INTEREST
Sec. 9.301. PRE-DECREE DESIGNATION OF EX-SPOUSE AS BENEFICIARY
OF LIFE INSURANCE. (a) If a decree of divorce or annulment is
rendered after an insured has designated the insured's spouse as
a beneficiary under a life insurance policy in force at the time
of rendition, a provision in the policy in favor of the insured's
former spouse is not effective unless:
(1) the decree designates the insured's former spouse as the
beneficiary;
(2) the insured redesignates the former spouse as the
beneficiary after rendition of the decree; or
(3) the former spouse is designated to receive the proceeds in
trust for, on behalf of, or for the benefit of a child or a
dependent of either former spouse.
(b) If a designation is not effective under Subsection (a), the
proceeds of the policy are payable to the named alternative
beneficiary or, if there is not a named alternative beneficiary,
to the estate of the insured.
(c) An insurer who pays the proceeds of a life insurance policy
issued by the insurer to the beneficiary under a designation that
is not effective under Subsection (a) is liable for payment of
the proceeds to the person or estate provided by Subsection (b)
only if:
(1) before payment of the proceeds to the designated
beneficiary, the insurer receives written notice at the home
office of the insurer from an interested person that the
designation is not effective under Subsection (a); and
(2) the insurer has not interpleaded the proceeds into the
registry of a court of competent jurisdiction in accordance with
the Texas Rules of Civil Procedure.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 9.302. PRE-DECREE DESIGNATION OF EX-SPOUSE AS BENEFICIARY
IN RETIREMENT BENEFITS AND OTHER FINANCIAL PLANS. (a) If a
decree of divorce or annulment is rendered after a spouse, acting
in the capacity of a participant, annuitant, or account holder,
has designated the other spouse as a beneficiary under an
individual retirement account, employee stock option plan, stock
option, or other form of savings, bonus, profit-sharing, or other
employer plan or financial plan of an employee or a participant
in force at the time of rendition, the designating provision in
the plan in favor of the other former spouse is not effective
unless:
(1) the decree designates the other former spouse as the
beneficiary;
(2) the designating former spouse redesignates the other former
spouse as the beneficiary after rendition of the decree; or
(3) the other former spouse is designated to receive the
proceeds or benefits in trust for, on behalf of, or for the
benefit of a child or dependent of either former spouse.
(b) If a designation is not effective under Subsection (a), the
benefits or proceeds are payable to the named alternative
beneficiary or, if there is not a named alternative beneficiary,
to the designating former spouse.
(c) A business entity, employer, pension trust, insurer,
financial institution, or other person obligated to pay
retirement benefits or proceeds of a financial plan covered by
this section who pays the benefits or proceeds to the beneficiary
under a designation of the other former spouse that is not
effective under Subsection (a) is liable for payment of the
benefits or proceeds to the person provided by Subsection (b)
only if:
(1) before payment of the benefits or proceeds to the designated
beneficiary, the payor receives written notice at the home office
or principal office of the payor from an interested person that
the designation of the beneficiary or fiduciary is not effective
under Subsection (a); and
(2) the payor has not interpleaded the benefits or proceeds into
the registry of a court of competent jurisdiction in accordance
with the Texas Rules of Civil Procedure.
(d) This section does not affect the right of a former spouse to
assert an ownership interest in an undivided pension, retirement,
annuity, or other financial plan described by this section as
provided by this subchapter.
(e) This section does not apply to the disposition of a
beneficial interest in a retirement benefit or other financial
plan of a public retirement system as defined by Section 802.001,
Government Code.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
State Codes and Statutes
Statutes > Texas > Family-code > Title-1-the-marriage-relationship > Chapter-9-post-decree-proceedings
FAMILY CODE
TITLE 1. THE MARRIAGE RELATIONSHIP
SUBTITLE C. DISSOLUTION OF MARRIAGE
CHAPTER 9. POST-DECREE PROCEEDINGS
SUBCHAPTER A. SUIT TO ENFORCE DECREE
Sec. 9.001. ENFORCEMENT OF DECREE. (a) A party affected by a
decree of divorce or annulment providing for a division of
property as provided by Chapter 7 may request enforcement of that
decree by filing a suit to enforce as provided by this chapter in
the court that rendered the decree.
(b) Except as otherwise provided in this chapter, a suit to
enforce shall be governed by the Texas Rules of Civil Procedure
applicable to the filing of an original lawsuit.
(c) A party whose rights, duties, powers, or liabilities may be
affected by the suit to enforce is entitled to receive notice by
citation and shall be commanded to appear by filing a written
answer. Thereafter, the proceedings shall be as in civil cases
generally.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 9.002. CONTINUING AUTHORITY TO ENFORCE DECREE. The court
that rendered the decree of divorce or annulment retains the
power to enforce the property division as provided by Chapter 7.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 9.003. FILING DEADLINES. (a) A suit to enforce the
division of tangible personal property in existence at the time
of the decree of divorce or annulment must be filed before the
second anniversary of the date the decree was signed or becomes
final after appeal, whichever date is later, or the suit is
barred.
(b) A suit to enforce the division of future property not in
existence at the time of the original decree must be filed before
the second anniversary of the date the right to the property
matures or accrues or the decree becomes final, whichever date is
later, or the suit is barred.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 9.004. APPLICABILITY TO UNDIVIDED PROPERTY. The procedures
and limitations of this subchapter do not apply to existing
property not divided on divorce, which are governed by Subchapter
C and by the rules applicable to civil cases generally.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 9.005. NO JURY. A party may not demand a jury trial if the
procedures to enforce a decree of divorce or annulment provided
by this subchapter are invoked.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 9.006. ENFORCEMENT OF DIVISION OF PROPERTY. (a) Except as
provided by this subchapter and by the Texas Rules of Civil
Procedure, the court may render further orders to enforce the
division of property made in the decree of divorce or annulment
to assist in the implementation of or to clarify the prior order.
(b) The court may specify more precisely the manner of effecting
the property division previously made if the substantive division
of property is not altered or changed.
(c) An order of enforcement does not alter or affect the
finality of the decree of divorce or annulment being enforced.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 9.007. LIMITATION ON POWER OF COURT TO ENFORCE. (a) A
court may not amend, modify, alter, or change the division of
property made or approved in the decree of divorce or annulment.
An order to enforce the division is limited to an order to assist
in the implementation of or to clarify the prior order and may
not alter or change the substantive division of property.
(b) An order under this section that amends, modifies, alters,
or changes the actual, substantive division of property made or
approved in a final decree of divorce or annulment is beyond the
power of the divorce court and is unenforceable.
(c) The power of the court to render further orders to assist in
the implementation of or to clarify the property division is
abated while an appellate proceeding is pending.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 9.008. CLARIFICATION ORDER. (a) On the request of a party
or on the court's own motion, the court may render a clarifying
order before a motion for contempt is made or heard, in
conjunction with a motion for contempt or on denial of a motion
for contempt.
(b) On a finding by the court that the original form of the
division of property is not specific enough to be enforceable by
contempt, the court may render a clarifying order setting forth
specific terms to enforce compliance with the original division
of property.
(c) The court may not give retroactive effect to a clarifying
order.
(d) The court shall provide a reasonable time for compliance
before enforcing a clarifying order by contempt or in another
manner.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 9.009. DELIVERY OF PROPERTY. To enforce the division of
property made in a decree of divorce or annulment, the court may
make an order to deliver the specific existing property awarded,
without regard to whether the property is of especial value,
including an award of an existing sum of money or its equivalent.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 9.010. REDUCTION TO MONEY JUDGMENT. (a) If a party fails
to comply with a decree of divorce or annulment and delivery of
property awarded in the decree is no longer an adequate remedy,
the court may render a money judgment for the damages caused by
that failure to comply.
(b) If a party did not receive payments of money as awarded in
the decree of divorce or annulment, the court may render judgment
against a defaulting party for the amount of unpaid payments to
which the party is entitled.
(c) The remedy of a reduction to money judgment is in addition
to the other remedies provided by law.
(d) A money judgment rendered under this section may be enforced
by any means available for the enforcement of judgment for debt.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 9.011. RIGHT TO FUTURE PROPERTY. (a) The court may, by
any remedy provided by this chapter, enforce an award of the
right to receive installment payments or a lump-sum payment due
on the maturation of an existing vested or nonvested right to be
paid in the future.
(b) The subsequent actual receipt by the non-owning party of
property awarded to the owner in a decree of divorce or annulment
creates a fiduciary obligation in favor of the owner and imposes
a constructive trust on the property for the benefit of the
owner.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 9.012. CONTEMPT. (a) The court may enforce by contempt an
order requiring delivery of specific property or an award of a
right to future property.
(b) The court may not enforce by contempt an award in a decree
of divorce or annulment of a sum of money payable in a lump sum
or in future installment payments in the nature of debt, except
for:
(1) a sum of money in existence at the time the decree was
rendered; or
(2) a matured right to future payments as provided by Section
9.011.
(c) This subchapter does not detract from or limit the general
power of a court to enforce an order of the court by appropriate
means.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 9.013. COSTS. The court may award costs in a proceeding to
enforce a property division under this subchapter as in other
civil cases.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 9.014. ATTORNEY'S FEES. The court may award reasonable
attorney's fees in a proceeding under this subchapter. The court
may order the attorney's fees to be paid directly to the
attorney, who may enforce the order for fees in the attorney's
own name by any means available for the enforcement of a judgment
for debt.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
768, Sec. 8, eff. September 1, 2009.
SUBCHAPTER B. POST-DECREE QUALIFIED DOMESTIC RELATIONS ORDER
Sec. 9.101. JURISDICTION FOR QUALIFIED DOMESTIC RELATIONS ORDER.
(a) Notwithstanding any other provision of this chapter, the
court that rendered a final decree of divorce or annulment or
another final order dividing property under this title retains
continuing, exclusive jurisdiction to render an enforceable
qualified domestic relations order or similar order permitting
payment of pension, retirement plan, or other employee benefits
divisible under the law of this state or of the United States to
an alternate payee or other lawful payee.
(b) Unless prohibited by federal law, a suit seeking a qualified
domestic relations order or similar order under this section
applies to a previously divided pension, retirement plan, or
other employee benefit divisible under the law of this state or
of the United States, whether the plan or benefit is private,
state, or federal.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 9.102. PROCEDURE. (a) A party to a decree of divorce or
annulment may petition the court for a qualified domestic
relations order or similar order.
(b) Except as otherwise provided by this code, a petition under
this subchapter is governed by the Texas Rules of Civil Procedure
that apply to the filing of an original lawsuit.
(c) Each party whose rights may be affected by the petition is
entitled to receive notice by citation and shall be commanded to
appear by filing a written answer.
(d) The proceedings shall be conducted in the same manner as
civil cases generally.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 9.103. PRIOR FAILURE TO RENDER QUALIFIED DOMESTIC RELATIONS
ORDER. A party may petition a court to render a qualified
domestic relations order or similar order if the court that
rendered a final decree of divorce or annulment or another final
order dividing property under this chapter did not provide a
qualified domestic relations order or similar order permitting
payment of benefits to an alternate payee or other lawful payee.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 9.104. DEFECTIVE PRIOR DOMESTIC RELATIONS ORDER. If a plan
administrator or other person acting in an equivalent capacity
determines that a domestic relations order does not satisfy the
requirements of a qualified domestic relations order or similar
order, the court retains continuing, exclusive jurisdiction over
the parties and their property to the extent necessary to render
a qualified domestic relations order.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 9.1045. AMENDMENT OF QUALIFIED DOMESTIC RELATIONS ORDER.
(a) A court that renders a qualified domestic relations order
retains continuing, exclusive jurisdiction to amend the order to
correct the order or clarify the terms of the order to effectuate
the division of property ordered by the court.
(b) An amended domestic relations order under this section must
be submitted to the plan administrator or other person acting in
an equivalent capacity to determine whether the amended order
satisfies the requirements of a qualified domestic relations
order. Section 9.104 applies to a domestic relations order
amended under this section.
Added by Acts 2005, 79th Leg., Ch.
481, Sec. 1, eff. June 17, 2005.
Sec. 9.105. LIBERAL CONSTRUCTION. The court shall liberally
construe this subchapter to effect payment of retirement benefits
that were divided by a previous decree that failed to contain a
qualified domestic relations order or similar order or that
contained an order that failed to meet the requirements of a
qualified domestic relations order or similar order.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 9.106. ATTORNEY'S FEES. In a proceeding under this
subchapter, the court may award reasonable attorney's fees
incurred by a party to a divorce or annulment against the other
party to the divorce or annulment. The court may order the
attorney's fees to be paid directly to the attorney, who may
enforce the order for fees in the attorney's own name by any
means available for the enforcement of a judgment for debt.
Added by Acts 2009, 81st Leg., R.S., Ch.
768, Sec. 9, eff. September 1, 2009.
SUBCHAPTER C. POST-DECREE DIVISION OF PROPERTY
Sec. 9.201. PROCEDURE FOR DIVISION OF CERTAIN PROPERTY NOT
DIVIDED ON DIVORCE OR ANNULMENT. (a) Either former spouse may
file a suit as provided by this subchapter to divide property not
divided or awarded to a spouse in a final decree of divorce or
annulment.
(b) Except as otherwise provided by this subchapter, the suit is
governed by the Texas Rules of Civil Procedure applicable to the
filing of an original lawsuit.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 9.202. LIMITATIONS. (a) A suit under this subchapter must
be filed before the second anniversary of the date a former
spouse unequivocally repudiates the existence of the ownership
interest of the other former spouse and communicates that
repudiation to the other former spouse.
(b) The two-year limitations period is tolled for the period
that a court of this state does not have jurisdiction over the
former spouses or over the property.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 9.203. DIVISION OF UNDIVIDED ASSETS WHEN PRIOR COURT HAD
JURISDICTION. (a) If a court of this state failed to dispose of
property subject to division in a final decree of divorce or
annulment even though the court had jurisdiction over the spouses
or over the property, the court shall divide the property in a
manner that the court deems just and right, having due regard for
the rights of each party and any children of the marriage.
(b) If a final decree of divorce or annulment rendered by a
court in another state failed to dispose of property subject to
division under the law of that state even though the court had
jurisdiction to do so, a court of this state shall apply the law
of the other state regarding undivided property as required by
Section 1, Article IV, United States Constitution (the full faith
and credit clause), and enabling federal statutes.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 9.204. DIVISION OF UNDIVIDED ASSETS WHEN PRIOR COURT LACKED
JURISDICTION. (a) If a court of this state failed to dispose of
property subject to division in a final decree of divorce or
annulment because the court lacked jurisdiction over a spouse or
the property, and if that court subsequently acquires the
requisite jurisdiction, that court may divide the property in a
manner that the court deems just and right, having due regard for
the rights of each party and any children of the marriage.
(b) If a final decree of divorce or annulment rendered by a
court in another state failed to dispose of property subject to
division under the law of that state because the court lacked
jurisdiction over a spouse or the property, and if a court of
this state subsequently acquires the requisite jurisdiction over
the former spouses or over the property, the court in this state
may divide the property in a manner that the court deems just and
right, having due regard for the rights of each party and any
children of the marriage.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 9.205. ATTORNEY'S FEES. In a proceeding to divide property
previously undivided in a decree of divorce or annulment as
provided by this subchapter, the court may award reasonable
attorney's fees. The court may order the attorney's fees to be
paid directly to the attorney, who may enforce the order in the
attorney's own name by any means available for the enforcement of
a judgment for debt.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
768, Sec. 10, eff. September 1, 2009.
SUBCHAPTER D. DISPOSITION OF UNDIVIDED BENEFICIAL INTEREST
Sec. 9.301. PRE-DECREE DESIGNATION OF EX-SPOUSE AS BENEFICIARY
OF LIFE INSURANCE. (a) If a decree of divorce or annulment is
rendered after an insured has designated the insured's spouse as
a beneficiary under a life insurance policy in force at the time
of rendition, a provision in the policy in favor of the insured's
former spouse is not effective unless:
(1) the decree designates the insured's former spouse as the
beneficiary;
(2) the insured redesignates the former spouse as the
beneficiary after rendition of the decree; or
(3) the former spouse is designated to receive the proceeds in
trust for, on behalf of, or for the benefit of a child or a
dependent of either former spouse.
(b) If a designation is not effective under Subsection (a), the
proceeds of the policy are payable to the named alternative
beneficiary or, if there is not a named alternative beneficiary,
to the estate of the insured.
(c) An insurer who pays the proceeds of a life insurance policy
issued by the insurer to the beneficiary under a designation that
is not effective under Subsection (a) is liable for payment of
the proceeds to the person or estate provided by Subsection (b)
only if:
(1) before payment of the proceeds to the designated
beneficiary, the insurer receives written notice at the home
office of the insurer from an interested person that the
designation is not effective under Subsection (a); and
(2) the insurer has not interpleaded the proceeds into the
registry of a court of competent jurisdiction in accordance with
the Texas Rules of Civil Procedure.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 9.302. PRE-DECREE DESIGNATION OF EX-SPOUSE AS BENEFICIARY
IN RETIREMENT BENEFITS AND OTHER FINANCIAL PLANS. (a) If a
decree of divorce or annulment is rendered after a spouse, acting
in the capacity of a participant, annuitant, or account holder,
has designated the other spouse as a beneficiary under an
individual retirement account, employee stock option plan, stock
option, or other form of savings, bonus, profit-sharing, or other
employer plan or financial plan of an employee or a participant
in force at the time of rendition, the designating provision in
the plan in favor of the other former spouse is not effective
unless:
(1) the decree designates the other former spouse as the
beneficiary;
(2) the designating former spouse redesignates the other former
spouse as the beneficiary after rendition of the decree; or
(3) the other former spouse is designated to receive the
proceeds or benefits in trust for, on behalf of, or for the
benefit of a child or dependent of either former spouse.
(b) If a designation is not effective under Subsection (a), the
benefits or proceeds are payable to the named alternative
beneficiary or, if there is not a named alternative beneficiary,
to the designating former spouse.
(c) A business entity, employer, pension trust, insurer,
financial institution, or other person obligated to pay
retirement benefits or proceeds of a financial plan covered by
this section who pays the benefits or proceeds to the beneficiary
under a designation of the other former spouse that is not
effective under Subsection (a) is liable for payment of the
benefits or proceeds to the person provided by Subsection (b)
only if:
(1) before payment of the benefits or proceeds to the designated
beneficiary, the payor receives written notice at the home office
or principal office of the payor from an interested person that
the designation of the beneficiary or fiduciary is not effective
under Subsection (a); and
(2) the payor has not interpleaded the benefits or proceeds into
the registry of a court of competent jurisdiction in accordance
with the Texas Rules of Civil Procedure.
(d) This section does not affect the right of a former spouse to
assert an ownership interest in an undivided pension, retirement,
annuity, or other financial plan described by this section as
provided by this subchapter.
(e) This section does not apply to the disposition of a
beneficial interest in a retirement benefit or other financial
plan of a public retirement system as defined by Section 802.001,
Government Code.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
State Codes and Statutes
Statutes >
Texas >
Family-code >
Title-1-the-marriage-relationship >
Chapter-9-post-decree-proceedings FAMILY CODE
TITLE 1. THE MARRIAGE RELATIONSHIP
SUBTITLE C. DISSOLUTION OF MARRIAGE
CHAPTER 9. POST-DECREE PROCEEDINGS
SUBCHAPTER A. SUIT TO ENFORCE DECREE
Sec. 9.001. ENFORCEMENT OF DECREE. (a) A party affected by a
decree of divorce or annulment providing for a division of
property as provided by Chapter 7 may request enforcement of that
decree by filing a suit to enforce as provided by this chapter in
the court that rendered the decree.
(b) Except as otherwise provided in this chapter, a suit to
enforce shall be governed by the Texas Rules of Civil Procedure
applicable to the filing of an original lawsuit.
(c) A party whose rights, duties, powers, or liabilities may be
affected by the suit to enforce is entitled to receive notice by
citation and shall be commanded to appear by filing a written
answer. Thereafter, the proceedings shall be as in civil cases
generally.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 9.002. CONTINUING AUTHORITY TO ENFORCE DECREE. The court
that rendered the decree of divorce or annulment retains the
power to enforce the property division as provided by Chapter 7.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 9.003. FILING DEADLINES. (a) A suit to enforce the
division of tangible personal property in existence at the time
of the decree of divorce or annulment must be filed before the
second anniversary of the date the decree was signed or becomes
final after appeal, whichever date is later, or the suit is
barred.
(b) A suit to enforce the division of future property not in
existence at the time of the original decree must be filed before
the second anniversary of the date the right to the property
matures or accrues or the decree becomes final, whichever date is
later, or the suit is barred.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 9.004. APPLICABILITY TO UNDIVIDED PROPERTY. The procedures
and limitations of this subchapter do not apply to existing
property not divided on divorce, which are governed by Subchapter
C and by the rules applicable to civil cases generally.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 9.005. NO JURY. A party may not demand a jury trial if the
procedures to enforce a decree of divorce or annulment provided
by this subchapter are invoked.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 9.006. ENFORCEMENT OF DIVISION OF PROPERTY. (a) Except as
provided by this subchapter and by the Texas Rules of Civil
Procedure, the court may render further orders to enforce the
division of property made in the decree of divorce or annulment
to assist in the implementation of or to clarify the prior order.
(b) The court may specify more precisely the manner of effecting
the property division previously made if the substantive division
of property is not altered or changed.
(c) An order of enforcement does not alter or affect the
finality of the decree of divorce or annulment being enforced.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 9.007. LIMITATION ON POWER OF COURT TO ENFORCE. (a) A
court may not amend, modify, alter, or change the division of
property made or approved in the decree of divorce or annulment.
An order to enforce the division is limited to an order to assist
in the implementation of or to clarify the prior order and may
not alter or change the substantive division of property.
(b) An order under this section that amends, modifies, alters,
or changes the actual, substantive division of property made or
approved in a final decree of divorce or annulment is beyond the
power of the divorce court and is unenforceable.
(c) The power of the court to render further orders to assist in
the implementation of or to clarify the property division is
abated while an appellate proceeding is pending.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 9.008. CLARIFICATION ORDER. (a) On the request of a party
or on the court's own motion, the court may render a clarifying
order before a motion for contempt is made or heard, in
conjunction with a motion for contempt or on denial of a motion
for contempt.
(b) On a finding by the court that the original form of the
division of property is not specific enough to be enforceable by
contempt, the court may render a clarifying order setting forth
specific terms to enforce compliance with the original division
of property.
(c) The court may not give retroactive effect to a clarifying
order.
(d) The court shall provide a reasonable time for compliance
before enforcing a clarifying order by contempt or in another
manner.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 9.009. DELIVERY OF PROPERTY. To enforce the division of
property made in a decree of divorce or annulment, the court may
make an order to deliver the specific existing property awarded,
without regard to whether the property is of especial value,
including an award of an existing sum of money or its equivalent.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 9.010. REDUCTION TO MONEY JUDGMENT. (a) If a party fails
to comply with a decree of divorce or annulment and delivery of
property awarded in the decree is no longer an adequate remedy,
the court may render a money judgment for the damages caused by
that failure to comply.
(b) If a party did not receive payments of money as awarded in
the decree of divorce or annulment, the court may render judgment
against a defaulting party for the amount of unpaid payments to
which the party is entitled.
(c) The remedy of a reduction to money judgment is in addition
to the other remedies provided by law.
(d) A money judgment rendered under this section may be enforced
by any means available for the enforcement of judgment for debt.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 9.011. RIGHT TO FUTURE PROPERTY. (a) The court may, by
any remedy provided by this chapter, enforce an award of the
right to receive installment payments or a lump-sum payment due
on the maturation of an existing vested or nonvested right to be
paid in the future.
(b) The subsequent actual receipt by the non-owning party of
property awarded to the owner in a decree of divorce or annulment
creates a fiduciary obligation in favor of the owner and imposes
a constructive trust on the property for the benefit of the
owner.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 9.012. CONTEMPT. (a) The court may enforce by contempt an
order requiring delivery of specific property or an award of a
right to future property.
(b) The court may not enforce by contempt an award in a decree
of divorce or annulment of a sum of money payable in a lump sum
or in future installment payments in the nature of debt, except
for:
(1) a sum of money in existence at the time the decree was
rendered; or
(2) a matured right to future payments as provided by Section
9.011.
(c) This subchapter does not detract from or limit the general
power of a court to enforce an order of the court by appropriate
means.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 9.013. COSTS. The court may award costs in a proceeding to
enforce a property division under this subchapter as in other
civil cases.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 9.014. ATTORNEY'S FEES. The court may award reasonable
attorney's fees in a proceeding under this subchapter. The court
may order the attorney's fees to be paid directly to the
attorney, who may enforce the order for fees in the attorney's
own name by any means available for the enforcement of a judgment
for debt.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
768, Sec. 8, eff. September 1, 2009.
SUBCHAPTER B. POST-DECREE QUALIFIED DOMESTIC RELATIONS ORDER
Sec. 9.101. JURISDICTION FOR QUALIFIED DOMESTIC RELATIONS ORDER.
(a) Notwithstanding any other provision of this chapter, the
court that rendered a final decree of divorce or annulment or
another final order dividing property under this title retains
continuing, exclusive jurisdiction to render an enforceable
qualified domestic relations order or similar order permitting
payment of pension, retirement plan, or other employee benefits
divisible under the law of this state or of the United States to
an alternate payee or other lawful payee.
(b) Unless prohibited by federal law, a suit seeking a qualified
domestic relations order or similar order under this section
applies to a previously divided pension, retirement plan, or
other employee benefit divisible under the law of this state or
of the United States, whether the plan or benefit is private,
state, or federal.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 9.102. PROCEDURE. (a) A party to a decree of divorce or
annulment may petition the court for a qualified domestic
relations order or similar order.
(b) Except as otherwise provided by this code, a petition under
this subchapter is governed by the Texas Rules of Civil Procedure
that apply to the filing of an original lawsuit.
(c) Each party whose rights may be affected by the petition is
entitled to receive notice by citation and shall be commanded to
appear by filing a written answer.
(d) The proceedings shall be conducted in the same manner as
civil cases generally.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 9.103. PRIOR FAILURE TO RENDER QUALIFIED DOMESTIC RELATIONS
ORDER. A party may petition a court to render a qualified
domestic relations order or similar order if the court that
rendered a final decree of divorce or annulment or another final
order dividing property under this chapter did not provide a
qualified domestic relations order or similar order permitting
payment of benefits to an alternate payee or other lawful payee.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 9.104. DEFECTIVE PRIOR DOMESTIC RELATIONS ORDER. If a plan
administrator or other person acting in an equivalent capacity
determines that a domestic relations order does not satisfy the
requirements of a qualified domestic relations order or similar
order, the court retains continuing, exclusive jurisdiction over
the parties and their property to the extent necessary to render
a qualified domestic relations order.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 9.1045. AMENDMENT OF QUALIFIED DOMESTIC RELATIONS ORDER.
(a) A court that renders a qualified domestic relations order
retains continuing, exclusive jurisdiction to amend the order to
correct the order or clarify the terms of the order to effectuate
the division of property ordered by the court.
(b) An amended domestic relations order under this section must
be submitted to the plan administrator or other person acting in
an equivalent capacity to determine whether the amended order
satisfies the requirements of a qualified domestic relations
order. Section 9.104 applies to a domestic relations order
amended under this section.
Added by Acts 2005, 79th Leg., Ch.
481, Sec. 1, eff. June 17, 2005.
Sec. 9.105. LIBERAL CONSTRUCTION. The court shall liberally
construe this subchapter to effect payment of retirement benefits
that were divided by a previous decree that failed to contain a
qualified domestic relations order or similar order or that
contained an order that failed to meet the requirements of a
qualified domestic relations order or similar order.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 9.106. ATTORNEY'S FEES. In a proceeding under this
subchapter, the court may award reasonable attorney's fees
incurred by a party to a divorce or annulment against the other
party to the divorce or annulment. The court may order the
attorney's fees to be paid directly to the attorney, who may
enforce the order for fees in the attorney's own name by any
means available for the enforcement of a judgment for debt.
Added by Acts 2009, 81st Leg., R.S., Ch.
768, Sec. 9, eff. September 1, 2009.
SUBCHAPTER C. POST-DECREE DIVISION OF PROPERTY
Sec. 9.201. PROCEDURE FOR DIVISION OF CERTAIN PROPERTY NOT
DIVIDED ON DIVORCE OR ANNULMENT. (a) Either former spouse may
file a suit as provided by this subchapter to divide property not
divided or awarded to a spouse in a final decree of divorce or
annulment.
(b) Except as otherwise provided by this subchapter, the suit is
governed by the Texas Rules of Civil Procedure applicable to the
filing of an original lawsuit.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 9.202. LIMITATIONS. (a) A suit under this subchapter must
be filed before the second anniversary of the date a former
spouse unequivocally repudiates the existence of the ownership
interest of the other former spouse and communicates that
repudiation to the other former spouse.
(b) The two-year limitations period is tolled for the period
that a court of this state does not have jurisdiction over the
former spouses or over the property.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 9.203. DIVISION OF UNDIVIDED ASSETS WHEN PRIOR COURT HAD
JURISDICTION. (a) If a court of this state failed to dispose of
property subject to division in a final decree of divorce or
annulment even though the court had jurisdiction over the spouses
or over the property, the court shall divide the property in a
manner that the court deems just and right, having due regard for
the rights of each party and any children of the marriage.
(b) If a final decree of divorce or annulment rendered by a
court in another state failed to dispose of property subject to
division under the law of that state even though the court had
jurisdiction to do so, a court of this state shall apply the law
of the other state regarding undivided property as required by
Section 1, Article IV, United States Constitution (the full faith
and credit clause), and enabling federal statutes.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 9.204. DIVISION OF UNDIVIDED ASSETS WHEN PRIOR COURT LACKED
JURISDICTION. (a) If a court of this state failed to dispose of
property subject to division in a final decree of divorce or
annulment because the court lacked jurisdiction over a spouse or
the property, and if that court subsequently acquires the
requisite jurisdiction, that court may divide the property in a
manner that the court deems just and right, having due regard for
the rights of each party and any children of the marriage.
(b) If a final decree of divorce or annulment rendered by a
court in another state failed to dispose of property subject to
division under the law of that state because the court lacked
jurisdiction over a spouse or the property, and if a court of
this state subsequently acquires the requisite jurisdiction over
the former spouses or over the property, the court in this state
may divide the property in a manner that the court deems just and
right, having due regard for the rights of each party and any
children of the marriage.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 9.205. ATTORNEY'S FEES. In a proceeding to divide property
previously undivided in a decree of divorce or annulment as
provided by this subchapter, the court may award reasonable
attorney's fees. The court may order the attorney's fees to be
paid directly to the attorney, who may enforce the order in the
attorney's own name by any means available for the enforcement of
a judgment for debt.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
768, Sec. 10, eff. September 1, 2009.
SUBCHAPTER D. DISPOSITION OF UNDIVIDED BENEFICIAL INTEREST
Sec. 9.301. PRE-DECREE DESIGNATION OF EX-SPOUSE AS BENEFICIARY
OF LIFE INSURANCE. (a) If a decree of divorce or annulment is
rendered after an insured has designated the insured's spouse as
a beneficiary under a life insurance policy in force at the time
of rendition, a provision in the policy in favor of the insured's
former spouse is not effective unless:
(1) the decree designates the insured's former spouse as the
beneficiary;
(2) the insured redesignates the former spouse as the
beneficiary after rendition of the decree; or
(3) the former spouse is designated to receive the proceeds in
trust for, on behalf of, or for the benefit of a child or a
dependent of either former spouse.
(b) If a designation is not effective under Subsection (a), the
proceeds of the policy are payable to the named alternative
beneficiary or, if there is not a named alternative beneficiary,
to the estate of the insured.
(c) An insurer who pays the proceeds of a life insurance policy
issued by the insurer to the beneficiary under a designation that
is not effective under Subsection (a) is liable for payment of
the proceeds to the person or estate provided by Subsection (b)
only if:
(1) before payment of the proceeds to the designated
beneficiary, the insurer receives written notice at the home
office of the insurer from an interested person that the
designation is not effective under Subsection (a); and
(2) the insurer has not interpleaded the proceeds into the
registry of a court of competent jurisdiction in accordance with
the Texas Rules of Civil Procedure.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 9.302. PRE-DECREE DESIGNATION OF EX-SPOUSE AS BENEFICIARY
IN RETIREMENT BENEFITS AND OTHER FINANCIAL PLANS. (a) If a
decree of divorce or annulment is rendered after a spouse, acting
in the capacity of a participant, annuitant, or account holder,
has designated the other spouse as a beneficiary under an
individual retirement account, employee stock option plan, stock
option, or other form of savings, bonus, profit-sharing, or other
employer plan or financial plan of an employee or a participant
in force at the time of rendition, the designating provision in
the plan in favor of the other former spouse is not effective
unless:
(1) the decree designates the other former spouse as the
beneficiary;
(2) the designating former spouse redesignates the other former
spouse as the beneficiary after rendition of the decree; or
(3) the other former spouse is designated to receive the
proceeds or benefits in trust for, on behalf of, or for the
benefit of a child or dependent of either former spouse.
(b) If a designation is not effective under Subsection (a), the
benefits or proceeds are payable to the named alternative
beneficiary or, if there is not a named alternative beneficiary,
to the designating former spouse.
(c) A business entity, employer, pension trust, insurer,
financial institution, or other person obligated to pay
retirement benefits or proceeds of a financial plan covered by
this section who pays the benefits or proceeds to the beneficiary
under a designation of the other former spouse that is not
effective under Subsection (a) is liable for payment of the
benefits or proceeds to the person provided by Subsection (b)
only if:
(1) before payment of the benefits or proceeds to the designated
beneficiary, the payor receives written notice at the home office
or principal office of the payor from an interested person that
the designation of the beneficiary or fiduciary is not effective
under Subsection (a); and
(2) the payor has not interpleaded the benefits or proceeds into
the registry of a court of competent jurisdiction in accordance
with the Texas Rules of Civil Procedure.
(d) This section does not affect the right of a former spouse to
assert an ownership interest in an undivided pension, retirement,
annuity, or other financial plan described by this section as
provided by this subchapter.
(e) This section does not apply to the disposition of a
beneficial interest in a retirement benefit or other financial
plan of a public retirement system as defined by Section 802.001,
Government Code.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
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