Divide Your U.S. Retirement Plan with a Foreign Divorce Judgment

A QDRO by an Experienced Attorney to Divide a U.S. Retirement Plan from a Foreign Divorce

I help divide U.S. retirement plans under foreign divorce judgements. I’m Brian McNamara, a family law attorney since 1992. Most lawyers are unfamiliar with how to get a qualified domestic relations order (QDRO) issued to divide a U.S. 401(K), pension, or other retirement under a foreign divorce judgment.

If you or your spouse worked in the U.S. and accumulated retirement that is being divided in a divorce in another country, contact us. You need a QDRO signed by an American judge and I can help no matter what state you worked in. If your foreign divorce is not final, please contact us before the final documents are signed. Success in the U.S. is more likely when the foreign documents contain terminology similar to the QDRO.

Without the right legal steps, dividing a U.S. retirement plan under a foreign judgment can lead to costly mistakes, taxes, and penalties. Do Not Withdraw money from a U.S. retirement without a QDRO! I help regardless of the level of cooperation between the parties, whether both seek the QDRO or one opposes it. I regularly work with lawyers in other countries to divide these benefits.

Don’t risk your financial future!

If you are divorcing outside the United States, or already have a foreign divorce judgment, and funds in a U.S. retirement plan must be divided, please contact us.

Email Us today to schedule your reduced-fee consultation.

281-358-3444

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McNamara Law Office, PLLC

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Charles David Johansen

21:08 07 Apr 25

Everyone was extremely helpful and professional no matter when I called. Ms Gama was very thorough in explaining the process to me when I had questions and would quickly track down any information that I asked for.

Heather

17:03 06 Feb 25

Thank you McNamara Law and Terri Kizer. She was very helpful and answered all of my questions. She is very professional and detailed and I am grateful for her help with my situation.

Kenneth Gu

17:19 20 Dec 24

Attorney Brian is the top family law lawyer in the Houston area in my opinion, as he is so facts and detail oriented in line with Texas Family Code. it seems to me knows each and every rule and precendent from Texas Family Code.

Irene Perez Cisneros

19:18 27 Aug 24

My husband and I had the privilege of being represented by attorney Aaron Wallace who was assisted by paralegal, Janette Gama, in our 2.5 year long custody battle. Aaron was phenomenal in educating us on the Texas Family Laws and kept us informed throughout the entire process. Aaron’s expertise helped guide us on decision-making and court processes. Janette worked diligently to keep all exhibits organized and communicated any updates regarding the case in a timely manner. We were truly blessed to have had such an amazing team who were devoted to upholding justice and fair/equal parenting rights. Most importantly, Aaron persistently presented the children’s best interest to the judge and successfully achieved favor in granting my husband equal parenting time that not only he deserved, but that the children deserved as well. Our family is beyond happy with the outcome of this matter and we are forever grateful for the time and effort that Aaron poured into helping us get to this point. Thank you all so much for everything you all did for our family.

Steve Kokotas

02:01 06 Aug 24

High integrity, smart, and hard working. You want Brian McNamara on your side.

Macie Sheppard

14:43 05 Aug 24

I cannot express enough how grateful I am for the incredible support and guidance I received from McNamara Law Office. They truly care about their clients and go above and beyond to achieve the best outcomes! Highly recommend!

Lele Shahim

17:37 09 May 24

I wanted to take a moment to express my gratitude for your exceptional work. Your dedication and efficiency have not gone unnoticed, and I truly appreciate your commitment to excellence. Thank you for consistently delivering quality results in such a timely manner!! Mr. McNamara finished my paperwork in 2 days and I appreciate all the support I got from everyone in the office!! Thank you All !!

Karen Quinn

22:10 25 Apr 24

McNamara Law Office is exceptional andincredibly attentive and detail-oriented, making sure every aspect of my case was thoroughly addressed. Their professionalism and dedication to my case were outstanding, and I felt supported and well taken care of throughout the entire process. I am grateful for their expertise and would not hesitate to turn to them for future legal matters.

Cathy Quinn

14:05 24 Apr 24

An amazing, knowledgeable and professional team. I highly recommend McNamara Law Office.

Why You Need a QDRO for a Foreign Divorce Judgment

If your divorce judgment comes from outside the U.S. and includes a U.S. retirement plan, a Qualified Domestic Relations Order (QDRO) is required under the Employee Retirement Income Security Act (ERISA). This special U.S. court order ensures your retirement funds are divided without triggering taxes or penalties—something often overlooked by many lawyers unfamiliar with this process.

You need to know:

A QDRO allows funds to be transferred to the non-participant spouse (the alternate payee) tax-free.
The alternate payee can roll funds into an IRA or other tax-deferred account without penalties or taxes.
Without a QDRO, withdrawals by the plan participant can lead to IRS Form 1099 penalties and taxes—costing you thousands.

Act now to protect your retirement savings. Call 281-358-3444 or email us to schedule a consultation.

Understanding QDROs & ERISA

Under the Employee Retirement Income Security Act (ERISA) of 1974, a QDRO is required to divide most employer-sponsored retirement plans in a divorce without taxes or penalties. Issued by a U.S. court, a QDRO ensures funds can be transferred to the non-participant spouse (alternate payee) tax-free. The alternate payee can then move funds to an IRA or pay taxes only upon withdrawal—typically at retirement. Without a QDRO, early withdrawals trigger IRS penalties and taxes for the participant spouse.

How I Can Help You—Wherever You Are

Whether your divorce is final or still in progress, I’m here to guide you:

Already Have a Foreign Divorce Judgment?

I’ll help you convert it into a QDRO to divide your U.S. retirement plan. I practice in Texas, where courts can issue QDROs even if you never lived here. It’s faster and more affordable when both parties agree—but can still be done even if one opposes it.

Divorce Not Yet Final?

Contact me before your foreign divorce is finalized. I’ll ensure the judgment’s language aligns with U.S. QDRO requirements, saving you time, money, and headaches later.

No matter your situation or location, I’ve got you covered. Reach out today at 281-358-3444 or email us.

Avoid Costly Mistakes—Trust an Expert

Dividing a U.S. retirement plan isn’t as simple as withdrawing funds and handing them over. Without a QDRO:

The participant spouse faces steep IRS taxes and usually additional penalties.
Funds withdrawn can’t always be returned to avoid those costs.
You could lose out on your rightful share—or pay more than necessary.

With my expertise, your funds are transferred correctly the first time—tax-free and penalty-free—leaving you free to plan your future with confidence.

Frequently Asked Questions

What is a QDRO?

A Qualified Domestic Relations Order (QDRO) is a U.S. court order required under ERISA to divide certain retirement plans in a divorce without taxes or penalties.

Why do I need a QDRO for a foreign divorce?

A foreign divorce judgment alone can’t divide a U.S. retirement plan. A QDRO ensures the division complies with U.S. law and avoids costly tax consequences.

Can you help if my divorce isn’t final yet?

Yes! Contact me before your foreign divorce is finalized. I can guide you to include language that aligns with QDRO requirements, saving time and money.

Do you work directly with parties to the divorce or also with their lawyers.

Both. We regularly work with the foreign divorce lawyers. Sometimes, a party contacts us after the divorce is final, and we work directly with the parties.

What if my ex-spouse opposes the QDRO?

Even if one party disagrees, a Texas court can often enforce a foreign judgment. It’s easier when both agree, but I can assist either way.

Does it matter where I lived when I earned the retirement benefit?

No. I can help regardless of where you accumulated the U.S. retirement.

What happens without a QDRO?

Withdrawing funds without a QDRO can trigger taxes and penalties for the participant spouse. A QDRO avoids this by transferring funds properly.

Do you represent either party or only the spouse who earned the benefit?

We represent either party, whether the participant (employee) or the alternate payee (non-employee spouse).

Why Choose Brian McNamara?

30+ Years of Experience: Deep knowledge of QDROs and foreign judgments.
Personalized Solutions: Whether your divorce is pending or finalized, I tailor my approach to your unique needs.

Ready to secure your financial future? Contact me at 281-358-3444 or email us today.