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If you’re facing or considering a divorce, be prepared for the changes ahead. Your quality of life may shift, for better or for worse, and your lifestyle will need to adjust accordingly. At the Law Office of Bryan Fagan, PLLC, we represent individuals from all walks of life. This includes retirees, working professionals, single-income earners, and those who do not work for various reasons. If you rely primarily on your spouse’s income and do not work, this blog post is tailored to your situation, particularly in the context of a “forced divorce.”
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.
In most cases, if you’re not currently employed, your spouse likely earns a higher income due to their education and experience. 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 you pretty fast. 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 receive 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, returning to the workforce after your divorce can put you at a disadvantage. This is 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. Your spouse’s average gross monthly income determines the cap, setting it at 20% or $5000 (whichever is lower) for what can be paid to you.
In conclusion, facing a “forced divorce” can bring significant changes to your financial and personal life. Whether you are accustomed to relying on your spouse’s income or have not worked for various reasons, understanding how a divorce may impact your lifestyle is crucial. It’s important to be informed about your rights and obligations, including potential employment requirements post-divorce. Consulting with an experienced attorney can help you navigate these challenges, ensuring that you are prepared for the adjustments ahead and able to move forward with confidence.
The Law Office of Bryan Fagan, PLLC
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 is available six days per week.
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Other Articles you may be interested in:
- What is life like after getting a divorce?
- Can a Mother Lose Custody for not having a job?
- Relocation for better Job Opportunities?
- Do I Have to Pay Child Support if I Have Joint Custody of My Child in Texas?
- Can I Sue My Ex for Retroactive or Back Child Support in Texas?
- Child Support and College Tuition in Texas
- Texas Child Support Appeals
- In Texas are Child Support and Visitation Connected?
- Why Ignoring Child Support Obligations is a Bad Idea in Texas
- Can I get child support and custody of my kids in Texas if we were never married?
- Child Custody Basics in Texas
- 6 Mistakes that can Destroy Your Texas Divorce Case
Frequently Asked Questions
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.
Yes, Texas is a no-fault divorce state, which means a spouse can file for divorce without the other spouse’s consent. The court does not require consent to grant a divorce.
Even if one spouse does not want a divorce, they cannot stop the process. Even if one spouse does not want a divorce, they cannot stop the process. If one spouse initiates the divorce, the court proceeds with the legal proceedings and grants the divorce.
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 the Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form.
