CHAPTER 9. POST-DECREE PROCEEDINGS - Texas Statutes

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.