Divorce can be a financially challenging experience, particularly for the lower-income spouse. Such spouses can find solace in the fact that the Lone Star State follows community property laws. This means they stand to get a fair portion of the marital assets during the property division.
According to state law, all assets that a couple acquires in the course of their marriage are divided equitably during divorce. However, lower-earning spouses should understand that “equitable” is not synonymous with a 50/50 split. Furthermore, securing financial stability post-divorce goes beyond property division; it requires strategic planning and legal awareness. Individuals who are lower-income spouses can benefit from learning how to protect their financial future during and after a Texas divorce.
When spousal support is applicable
Spousal support comes in two forms: temporary spousal support during the divorce process and post-divorce maintenance once the divorce is finalized. Many lower-earning spouses assume they automatically qualify for alimony in a Texas divorce. However, the Lone Star State has strict rules regarding spousal maintenance. The lower-earning spouse is required to demonstrate that they have a limited ability to provide for their minimum reasonable needs.
The court also has to consider the amount of child support the payor is paying and their ability to meet their minimum reasonable needs. The likelihood of maintenance being awarded is low if spousal support obligations would prevent the payor from meeting their basic needs.
Furthermore, post-divorce maintenance is easier to get in some Texas jurisdictions than others. For instance, in the counties such as Bell, Coryell, Milam and Falls, it is not easy to get post-divorce maintenance.
There are various elements that the family Court can examine to establish that a spouse is eligible for maintenance. To mention a few, a lower-earning spouse may qualify for support if:
- They were married to their high-earning partner for at least 10 years
- They have a significantly lower earning potential compared to their partner
- Their high-earning spouse was convicted of family violence two years before the divorce
Lower-earning spouses should know that if their higher-earning partner was found guilty of domestic violence two years prior to the divorce filing, the requirement of being married for at least 10 years does not apply.
A divorce in the Lone Star State can be financially daunting for the lower-income spouse. However, spouses can safeguard their future by understanding their rights and taking proactive steps during and after divorce. Consulting a skilled legal team can further help lower-earning spouses secure the best possible outcome.
