← LexyCorpus index

LexyCorpus case page

CourtListener opinion 2884434

Date unknown · US

Extracted case name
pending
Extracted reporter citation
pending
Docket / number
pending
QDRO relevance 5/5Retirement relevance 5/5Family-law relevance 5/5gold label pending
Research-use warning: This page contains machine-draft public annotations generated from public opinion text. The headnote is not Willie-approved gold-label work product and is not legal advice. Verify the full opinion and current law before relying on it.

Machine-draft headnote

Machine-draft public headnote: CourtListener opinion 2884434 is included in the LexyCorpus QDRO sample set as a public CourtListener opinion with relevance to ERISA / defined contribution issues. The current annotation is conservative: it identifies source provenance, relevance signals, and evidence quotes for attorney/agent retrieval. It is not a Willie-approved legal headnote yet.

Retrieval annotation

Draft retrieval summary: this opinion has QDRO relevance score 5/5, retirement-division score 5/5, and family-law score 5/5. Use the quoted text and full opinion below before relying on the case.

Category: ERISA / defined contribution issues

Evidence quotes

QDRO

d pursuant to an agreement incident to divorce, which amicably divided the marital property, responsibility for debt, and support and access to the parties' three children. The sole issue for our resolution is whether the qualified domestic relation order (QDRO) signed by the trial court impermissibly altered the interest in a 401(k) account awarded to Josephine in the agreed decree of divorce. We determine it did not. With respect to this matter, the agreement incident to divorce, as well as the divorce decree awarded Josephine: One-half of the net value of the 401(k) existing from the husband's employment

401(k)

the marital property, responsibility for debt, and support and access to the parties' three children. The sole issue for our resolution is whether the qualified domestic relation order (QDRO) signed by the trial court impermissibly altered the interest in a 401(k) account awarded to Josephine in the agreed decree of divorce. We determine it did not. With respect to this matter, the agreement incident to divorce, as well as the divorce decree awarded Josephine: One-half of the net value of the 401(k) existing from the husband's employment after subtracting the loan balance (eg since the vested balance as of Jan

domestic relations order

vested balance as of January 8, 2008 was $32,634.05 as set forth on the attached participant's summary and the loan balance was $5350.74 the wife would therefore receive $13,641.65 which is one-half of $27,283.31) more particularly described in a qualified domestic relations order signed by this court. While the court set out a current valuation and estimate of sum to be awarded if the distribution were to occur when the judgment was signed, this language simply awarded Josephine one-half of the value of the 401(k). After stating \[t]he applicable monies to be paid will be taken proportionately out of the

Source and provenance

Source type
courtlistener_qdro_opinion_full_text
Permissions posture
public
Generated status
machine draft public v0
Review status
gold label pending
Jurisdiction metadata
US
Deterministic extraction
pending
Generated at
May 14, 2026

Related public corpus pages

Deterministic links based on shared title/citation terms and QDRO / retirement / family-law retrieval scores.

Clean opinion text

In The
 Court of Appeals
 Sixth Appellate District of Texas at Texarkana

 ______________________________

 No. 06-09-00019-CV
 ______________________________

IN THE MATTER OF THE MARRIAGE OF BENJAMIN COREY HOWELL
 AND JOSEPHINE MARIDA HOWELL AND IN THE INTEREST
 OF A.M.H., A.M.H., AND A.M.H., CHILDREN

 On Appeal from the 71st Judicial District Court
 Harrison County, Texas
 Trial Court No. 07-0760

 Before Morriss, C.J., Carter and Moseley, JJ.
 Memorandum Opinion by Chief Justice Morriss
 MEMORANDUM OPINION

 The marriage relationship between Benjamin Corey Howell and Josephine Marida Howell

was dissolved through a final divorce decree entered pursuant to an agreement incident to divorce,

which amicably divided the marital property, responsibility for debt, and support and access to the

parties' three children. The sole issue for our resolution is whether the qualified domestic relation

order (QDRO) signed by the trial court impermissibly altered the interest in a 401(k) account

awarded to Josephine in the agreed decree of divorce. We determine it did not.

 With respect to this matter, the agreement incident to divorce, as well as the divorce decree

awarded Josephine:

 One-half of the net value of the 401(k) existing from the husband's employment after
 subtracting the loan balance (eg since the vested balance as of January 8, 2008 was
 $32,634.05 as set forth on the attached participant's summary and the loan balance
 was $5350.74 the wife would therefore receive $13,641.65 which is one-half of
 $27,283.31) more particularly described in a qualified domestic relations order
 signed by this court.

While the court set out a current valuation and estimate of sum to be awarded if the distribution were

to occur when the judgment was signed, this language simply awarded Josephine one-half of the

value of the 401(k).

 After stating \[t]he applicable monies to be paid will be taken proportionately out of the