When divorcing a police officer, the goal is to streamline the process, minimizing the need for lengthy litigation. Unlike some misconceptions, divorcing a police officer follows the same procedures as any other divorce case. However, there are unique aspects worth considering. As a law enforcement officer, focusing on efficient resolution becomes paramount, ensuring that both parties can move forward swiftly and with minimal disruption.
Law enforcement officers are in many cases the provider for their families from a financial standpoint. Your salary working in law enforcement may pay the bills and keep your home operating on schedule. The pension that you have contributed to may be the nest egg that you and your spouse plan on cracking once you all reach retirement age. This is the tried-and-true plan that many families choose to implement. A divorce changes all that. When change occurs, you need to shift course and re-direct your energies, and develop a plan to adapt.
Consider some of the myths that are widely held about divorce, and I can show you what things people are most concerned about. Family law attorneys hear from time to time many of the same myths and tall tales about divorce. Once you hear about the same concerns multiple times you start to notice patterns. One of the many myths and exaggerations that I hear from people about divorcing a police officer relates to alimony and spousal maintenance. Officers have been led to believe, for some reason, that they will be responsible for paying the bills for their spouse for an extended period after the divorce.
What is alimony?
Alimony is a subject that we’ve heard discussed in our media many times over the past few years. For the most part, I hear about alimony in connection with things like celebrity divorces. Rich celebrities often pay alimony to their less affluent spouses post-divorce. Alimony aims to support one spouse in meeting their basic needs for a defined period after the divorce. In Texas, post-divorce spousal support comes in two forms: spousal maintenance and contractual alimony.
During the divorce process itself, one spouse may also provide temporary spousal support to the other. Temporary spousal support lasts for a certain period during the divorce case. As it happens in a divorce many times the parties will separate their bank accounts and begin to adjust to life on one income. This can be a problem for your spouse, for example, if he or she has not worked outside the home in some time or works a job on a part-time basis. As a result, their income may be insufficient to pay basic bills and things of that nature. This is where temporary spousal support can come into assistance for your Spouse.
Temporary spousal support
At the beginning of a case in divorcing a police officer, you and your spouse will likely both turn in basic budgets to the word judge. These budgets will be important because They will help the judge determine whether Both of you are financially at this stage of your case. If you are a law enforcement officer with a steady career and income, then you may have been the spouse who was able to provide for your family throughout this time. Your spouse may have been a stay-at-home mother or father and therefore not have contributed economically to the household. However, this does not mean that he or she provides nothing in economic value to your family.
Consider, for example, what the result would be if all the services your spouse provided for you in the home suddenly went away. Think about things like childcare, cleaning, cooking, transportation, and things of this nature. All these items are our services that your spouse provides you and your family with for free. Consider the expenses you would incur if your spouse were disabled or unavailable. While you were working, your spouse is providing tangible economic value whether it comes in the form of dollars or not. This is just one of the justifications for paying temporary spousal support or alimony after a divorce.
Living arrangements and finances in divorce
In a divorce involving a police officer, you and your spouse must decide how to structure your living arrangements. Typically, couples don’t reside together during this time, as it’s often uncomfortable. Instead, you’ll likely live separately, with one of you staying in the family home and the other finding alternative housing. This necessitates decisions about bill allocation and lifestyle adjustments.
Many people going through a divorce want the primary conservator of the children to live in the family home with the kids at least during the divorce case. This means, for example, if you are a law enforcement officer and have visitation rights with your kids then your spouse would be the primary conservator. In that case, he or she may stay in the family home during the divorce case to provide the kids with some semblance of normalcy and instability in their lives. That’s not to say that eventually, they will have to move or find another place to live. However, for the duration of your divorce, the parties may choose this sort of arrangement.
Living in two separate households means taking on different responsibilities regarding the raising of children in the paying bills. It’s not as if the mortgage company will look at your situation, take mercy on you, and say that you don’t have to pay your mortgage during your divorce case. Rather, all your bills will still be owed throughout the case. Adding additional bills to this already high list of responsibilities for you and your spouse is not an easy thing to consider.
Housing and financial challenges in divorce
As a law enforcement officer, you may opt to rent an apartment or house during your divorce. It’s crucial to find accommodation close to your children and workplace. However, if you’re the sole earner and your spouse doesn’t work, managing both mortgage and rent payments can strain your finances. A family court judge will assess your ability to cover these expenses along with any temporary spousal support. Given the financial strain, it’s probable that your spouse will need to secure employment during and after the divorce proceedings.
One of the concerns that I know that law enforcement officers run into during a divorce is sometimes assuming that temporary spousal support is inevitable. I have had law enforcement officers tell me that their spouse is pretty much got up to them and shaking them down for money in terms of telling them that they know temporary spousal support is coming in and that they need to be fair throughout the process.
However, as we just went over, this could not be further from the truth. Making assumptions about receiving spousal support during the divorce is significant. Put simply, if you lack the financial means to pay spousal support and can demonstrate this to a judge, the court will not order any support. Most families struggle to pay their normal bills during their divorce cases. In that case, temporary spousal support is almost certainly out of the question by necessity.
Budgeting and spousal support considerations in divorce
During your divorce, it’s crucial to carefully consider cost reduction and budget tightening. Maintaining pre-divorce lifestyles is often unrealistic, given the expenses of the divorce process and the need for separate living arrangements. Your spouse may need to seek employment or complete their education to contribute financially. Texas family court judges typically prioritize encouraging employment over awarding post-divorce spousal maintenance.
With all that said, you need to be able to work with an experienced family law attorney when it comes to this subject and a divorce. Even if a family court judge isn’t likely to order spousal maintenance or even temporary spousal support in your case the risk and overall importance of this subject to your life are substantial. Not being able to prepare thoughtfully a budget for the court can give a judge the wrong idea about your income and overall family budget. The last thing you want is to have a judge believe that you can pay temporary spousal support when you are not.
The best way to assure a family court judge that you are not able to pay spousal support is to work with an experienced attorney with the Law Office of Bryan Fagan. When you choose to work with one of our attorneys you tap into our decades of combined experience practicing family law in Southeast Texas. Additionally, not only do we boast a team of experienced family law attorneys, but we also have terrific support staff, including paralegals, legal assistance, and other staff members, who are ready and willing to assist you however they can. It takes a team to succeed in divorce. By joining our team, you give yourself the best possible chance excess for you and your children.
Spousal maintenance and contractual alimony
When it comes to spousal support after divorce the two kinds of support that you need to be aware of in Texas are contractual alimony and spousal maintenance. While you may have heard about Alan previously you may have never heard of it termed as contractual alimony. Additionally, spousal maintenance is not a subject that is as widely discussed as alimony. As a result, this may be a completely new term for you. Let’s walk through these two concepts as we close out today’s blog post.
Spousal maintenance is a relatively new phenomenon in Texas. In 1995, the state legislature passed a law that allowed family court judges to order post-divorce spousal support. In Texas, we call this form of support spousal maintenance. It’s not about one spouse profiting from the other post-divorce; rather, it’s meant to help parties regain financial stability. Often, recipients of spousal maintenance must actively seek employment and become self-sufficient as part of the arrangement.
Understanding spousal maintenance myths
Spousal maintenance can only be ordered if you and your spouse have been married at least 10 years before your divorce. One of the myths we hear frequently about divorce is that people will marry their spouse and quickly file for divorce if only to be able to receive spousal maintenance. This simply does not match up with reality. Rather, spousal maintenance can only be ordered if you’ve been married for at least that 10-year period. The exception to this rule would be if your spouse engaged in family or domestic violence within two years of your divorce. In that case, if you or your spouse is guilty of having done so then spouse maintenance will be ordered regardless of the length of your marriage.
Spousal maintenance is limited to 25% of your monthly income. One of the other myths that we hear about spousal support is that regular people are ordered to pay humongous chunks of their monthly salary towards support. This also is not accurate. Keep in mind that many people who pay spousal maintenance also pay child support. Quartz understands that a person’s income can only go so far. As a result, it is more likely that spousal maintenance awards will be calculated as closely as possible to only help a person meet their minimum, basic needs rather than help them live a certain lifestyle.
The duration of spousal maintenance and contractual alimony
The length of time that you can be eligible to pay spousal maintenance depends upon the length of your marriage. Spousal maintenance durations vary based on the length of the marriage prior to divorcing a police officer. In marriages lasting between 10 to 20 years, spousal maintenance may last for two years. For marriages spanning 20 to 30 years, maintenance could extend to five years, while marriages lasting 30 or more years may result in up to seven years of maintenance. The circumstances of your case will inform the judge’s ultimate decision, however.
Contractual alimony is the other type of post-divorce spousal support. Family court judges do not order contractual alimony; instead, it is negotiated between you and your spouse during mediation. Some special caveats apply to contractual alimony that I wanted to mention before we run out of time today. First, the laws regarding contracts in Texas applied to contractual alimony. Therefore, be aware that a family court judge would not be applying the Texas family code to any issues regarding contractual alimony in the future. A family court judge can only enforce contractual alimony orders to the extent that they could enforce spousal maintenance.
Navigating divorce with a police officer: key considerations
You also need to be very careful about how you draft the orders regarding contractual alimony. You need to be clear about the duration, extent, and other details of contractual alimony. Be sure that the language is unambiguous. The last thing you want to do is run into a misunderstanding or otherwise must pay alimony longer than you otherwise would have had to base on a poorly written court order.
In conclusion, divorcing a police officer involves navigating the legal process with diligence and efficiency. While the procedures remain consistent with standard divorce cases, there are unique considerations for those in law enforcement. By prioritizing streamlined resolution and minimizing the need for prolonged litigation, both parties can achieve closure and move forward with their lives. With a focus on efficient resolution and understanding the nuances of divorcing a police officer, individuals can navigate the process with clarity and confidence.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
If you have any questions about the material contained in today’s blog post, please do not hesitate to contact the Law Office of Bryan Fagan. Our licensed family law attorneys offer free-of-charge consultations six days a week in person, over the phone, and via video. These consultations are a great way to learn more about law enforcement officer divorce as well as how your family may be impacted by other types of family law scenarios.
Other Related Articles:
- What Does Estate Planning for First Responders and Military Look Like Compared to Civilians?
- Spousal Maintenance in Texas: Facts and Misconceptions
- The Strain of Service: Why First Responders Face Higher Divorce Rates
- Divorce Grounds in Texas: What You Need to Know Before Filing
- Assessing Spousal Maintenance Guidelines in Texas
- How Can We Honor Our First Responders and Military Now
- Will I Keep My House, Car, and Assets During a Divorce?
- Spousal maintenance: What you need to know in a Texas divorce
- What is Included in a Discovery?
- How Do I Avoid Paying Spousal Support in Texas?
Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.
