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Surviving financially after divorce can be one of the most challenging aspects of the process. Many individuals find themselves adjusting to a new financial reality, especially if there were significant disparities in income or asset distribution during the marriage. Fortunately, there are legal avenues, such as spousal support or division of property, that can help ease the financial burden. By understanding your rights and working with a qualified attorney, you can create a plan to survive financially after divorce and build a more secure future for yourself and your family.
Community Property in Texas: An Overview
Texas operates under a community property system as outlined in the Texas Family Code. This means that any property acquired during the marriage is considered community property, while assets owned before the marriage are classified as separate property. To claim property as separate, evidence must be presented that is “clear and convincing.” This distinction matters, as courts only have the authority to divide community property. Even property acquired while divorce proceedings are ongoing is deemed community property.
Understanding these distinctions is vital when seeking financial relief during a divorce. Here are some ways the law allows for financial support.
Qualified Domestic Relations Orders (QDROs)
A Qualified Domestic Relations Order, or QDRO, allows one spouse to receive a portion of the other’s retirement or pension plan. This court-issued order acknowledges the recipient’s entitlement and divides the plan accordingly. The division is not always equal and is subject to the federal Employee Retirement Income Security Act (ERISA), which governs most private-sector pension plans.
Plans not covered by ERISA, such as military pensions, federal retirement schemes, and Individual Retirement Accounts (IRAs), operate under different rules. A former spouse is only entitled to benefits accrued during the marriage, with any contributions made before or after remaining the plan holder’s separate property. Accurate assessment of these amounts is crucial.
Spousal Support, Maintenance, and Alimony
Three forms of spousal payments exist, each with distinct purposes and conditions: temporary spousal support, spousal maintenance, and alimony. Understanding their differences is essential.
Temporary Spousal Support
Temporary spousal support is granted during divorce proceedings to cover essential living expenses such as food, housing, and medical care. The dependent spouse must demonstrate financial need, while the paying spouse must show the ability to provide support. Temporary support can influence the division of community property, with the paying spouse potentially reimbursed later.
Post-Divorce Spousal Maintenance
Post-divorce spousal maintenance provides financial aid to a dependent spouse after the divorce is finalized. Unlike temporary support, this type is not guaranteed for life and is typically granted for a limited period. The Texas Family Code sets specific criteria for eligibility, including:
- Filing a formal request with the court.
- Proving an inability to meet basic living expenses with available resources.
- Meeting the requirement of being married for at least 10 years in most cases.
- Demonstrating efforts to gain employment or acquire necessary skills.
- Evidence of domestic violence or care responsibilities for a disabled child may also influence eligibility.
The duration of spousal maintenance is capped based on the length of the marriage. For example, a marriage lasting 10–20 years may result in payments for up to five years, while a marriage exceeding 30 years allows for up to ten years. Disabled spouses may receive maintenance for as long as they meet disability criteria. Courts generally limit payments to $5,000 per month or 20% of the paying spouse’s gross income, whichever is lower.
Voluntary Alimony
Alimony, or contractual maintenance, differs from spousal maintenance as it is agreed upon voluntarily by both parties. The terms, including duration and amount, are decided without court intervention, and eligibility requirements do not apply.
Child Support: Covering the Costs of Parenthood
Raising children involves significant expenses, and child support provides relief for custodial parents. Child support obligations are typically assigned to the non-custodial parent, calculated as a percentage of their income. For one child, 20% of monthly net resources is standard, with an additional 5% added for each subsequent child, up to a maximum of 40% for five or more children.
Financial Stability After Divorce
Achieving financial stability post-divorce requires careful planning and realistic adjustments. Understanding entitlements like community property, spousal payments, and child support can make a significant difference. Consulting a financial advisor can also help with budgeting and ensuring available support meets essential needs.
In conclusion, surviving financially after divorce requires careful planning, realistic budgeting, and a solid understanding of your legal rights. While the process may seem daunting, knowing the available financial resources, such as spousal support or equitable asset division, can help you navigate this challenging transition. With the right support and advice, you can regain control of your financial future and build a more secure and stable life post-divorce. Take the time to seek professional guidance, and remember that with patience and preparation, you can thrive after this major life change.
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Law Office of Bryan Fagan, PLLC | Spring Divorce Attorneys
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 Attorneys right away to protect your rights.
Our divorce attorneys 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.
