Can You Be Forced to Get a Job After Your Divorce?

If you’re facing or considering a divorce, be ready for upcoming changes. Your quality of life may change, for better or for worse, and your lifestyle will adjust accordingly. The attorneys at the Law Office of Bryan Fagan, PLLC represent individuals from various backgrounds. These include retirees, working individuals, single income earners, and those who do not work for various reasons. If you primarily rely on your spouse’s income and do not work, then this blog post caters to your situation.

What happens after divorce

One of the most significant changes you’ll face post-divorce is the immediate reduction in income. It’s a common occurrence in many cases. Examples include spouses who have opted to stay home with children or care for sick relatives. Most have set aside their degrees to do so.

For the most part, if you’re not currently employed, it’s likely that your spouse, with their education and experience, has the greater capacity to earn a higher income. Concerns about your ability to work after divorce, especially if you’re primarily responsible for your children, can add to expenses such as moving residences and attorney’s fees.

One common question from clients in this situation is whether their spouse can demand their return to work as part of the divorce negotiations. I’ve seen this demand arise from both sides. The higher-earning spouse may adopt an attitude implying, “Your free ride is over; it’s time to go out into the world and make your own way.”

While the fairness of this demand is subjective, it’s an opinion your spouse may hold. Let’s explore the circumstances you may face and whether you should begin job hunting as you embark on your divorce journey.

Can anyone force you to get a job during your divorce?

Even though you’re going through a divorce and are making your life an open discussion to many other people, the short story is that nobody can make you go out into the world and find employment. There is no law that I am aware of that says you will have to work after your divorce is final. With that all said, reality is going to come at your pretty fast and your new life’s circumstances may lead you in the direction of getting a job regardless of what someone can or cannot force you to do.

To begin, your divorce will involve the division of your property. The division of property will not involve creation; instead, it will entail the division of existing property deemed community property. While you may negotiate for or potentially receive more than a 50% share of that property (or obtain more than 50% in a trial), the reverse scenario could also be possible. This distribution includes debts, and it’s probable that debts in your name will become your responsibility after the divorce.

This means that you should begin to consider what money you and your spouse have in investments, cash on hand, and bank accounts. If you and your husband or wife have done well financially you may find that you will be in a good position money-wise after your divorce. However, there may be debts and other financial liabilities that also require division. This means that your well being in terms of dollars and cents will not be as strong as you probably would like it to be.

Is it is likely that you will be awarded Spousal Support?

Depending on the duration of your marriage, you may negotiate for spousal support or be awarded it through a trial. This support aims to provide you with financial assistance as you transition to life after divorce. The rationale is that since you contributed to the family in non-monetary ways, it’s fair for your spouse to provide you with monthly compensation for those contributions.

On another level, the prospect of returning to the workforce after your divorce puts you at a likely disadvantage due to your time away from employment and spent in the home. Spousal support also aims to ease the transition from your previous married life to your new role as a single income earner, rather than a homemaker.

Spousal support in Texas begins at marriages having lasted ten years or more. It can extend further in terms of duration the longer the marriage has occurred. Your spouse’s average gross monthly income determines the cap. This sets it at 20% or $5000 (whichever is lower) regarding what can be paid to you.

Part Two of our discussion on the need to work post-divorce to be posted tomorrow

The Law Office of Bryan Fagan, PLLC will post a second blog article on this subject tomorrow so please be sure to come by and check that out. In the meantime if you have any questions about this area of family law or any other please do not hesitate to contact the Law Office of Bryan Fagan, PLLC today. Our attorneys represent clients across southeast Texas and would be honored to do the same for you and your family. A free of charge consultation is only a phone call away and are available six days per week.

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  1. Can you be forced to get a job after your divorce? Part Two in a Series
  2. The Dirty Trick of Quitting Your Job to Avoid Child Support During a Texas Divorce
  3. Can I get child support while my Texas divorce is pending?
  4. Do I Have to Pay Child Support if I Have Joint Custody of My Child in Texas?
  5. Can I Sue My Ex for Retroactive or Back Child Support in Texas?
  6. Child Support and College Tuition in Texas
  7. Texas Child Support Appeals
  8. In Texas are Child Support and Visitation Connected?
  9. Why Ignoring Child Support Obligations is a Bad Idea in Texas
  10. Can I get child support and custody of my kids in Texas if we were never married?
  11. Child Custody Basics in Texas
  12. 6 Mistakes that can Destroy Your Texas Divorce Case

Frequently Asked Questions

Can you force a divorce in Texas?

Yes, Texas allows for both contested and uncontested divorces. If one spouse wants a divorce, they can file for it, and the court will proceed with the process.

Can my wife divorce me without my consent in Texas?

Yes, Texas is a no-fault divorce state, which means a spouse can file for divorce without the other spouse’s consent. Consent is not required for a divorce to be granted.

What happens if one spouse doesn’t want a divorce?

Even if one spouse does not want a divorce, they cannot stop the process. If one spouse initiates the divorce, the court will proceed with the legal proceedings, and the divorce will be granted.

Can you get an immediate divorce in Texas?

No, divorce in Texas requires a legal process that can take some time to complete. The court will need to address various issues such as property division, child custody, and support arrangements before granting the divorce.

Law Office of Bryan Fagan, PLLC | Spring Divorce Lawyers

The Law Office of Bryan Fagan, PLLC routinely handles matters that affect children and families. If you have questions regarding divorce, it’s important to speak with one of our Spring, TX Divorce Lawyers right away to protect your rights.

Our divorce lawyers in Spring TX are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan, PLLC handles Divorce cases in Spring, Texas, Cypress, Spring, Klein, Humble, Kingwood, Tomball, The Woodlands, the FM 1960 area, or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Brazoria County, Fort Bend County and Waller County.

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At the Law Office of Bryan Fagan, PLLC, the firm wants to get to know your case before they commit to work with you. They offer all potential clients a no-obligation, free consultation where you can discuss your case under the client-attorney privilege. This means that everything you say will be kept private and the firm will respectfully advise you at no charge. You can learn more about Texas divorce law and get a good idea of how you want to proceed with your case.

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