If you are going through a divorce, or are merely contemplating one, you should prepare yourself for changes on the horizon. Your quality of life will change- either for the better or for the worse- and you lifestyle will change along with it. The attorneys with the Law Office of Bryan Fagan, PLLC represent people in all stages of life- retired people, working people, single income head of household people and men and women who do not work for various reasons. If you are one of those folks who does not work and relies primarily on your spouse’s income to live then this blog post is designed with you in mind.
One of the most prominent changes that you will experience in your life post-divorce will be the reduction in income that you will see almost immediately in most cases. There are examples of husbands and wives who have chosen to stay home with the children or to take care of a sick relative who have put their degrees in astrophysics aside to do so.
For the most part though, if you are a person who is not working it is likely that your spouse has the better capability, through education and experience, to earn a high income. If you are concerned about your ability and need to work after a divorce due to your being primarily responsible for your children you can add to costs associated with moving residences and attorney’s fees to your ledger of expenses.
The one question that I get from clients in this sort of position is whether or not your husband or wife can demand that you return to work as part of the divorce negotiations. I’ve seen it from both sides- the higher earning spouse tends to get an attitude that basically says, “Your free ride is over- time to go out into the world and make your own way.”
Whether this is fair of them to say or not, the fact remains is that it is an opinion that your spouse may hold as well. Let’s investigate the circumstances that you may encounter and whether or not you should start to look through the Want Ads as you begin 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.
For starters, your property will be divided in your divorce. There will be no creation of property, only a division of the property that is deemed to be community property. You may be able to negotiate a greater than 50% share of that property (or win more than 50% in a trial) but the inverse could hypothetically be true as well. Debts are included in that distribution and it’s like that debts in your name will end up being 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, it is possible that there are debts and other negatives from a financial standpoint that will need to be divided as well. 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 how long you have been married it is possible that you can negotiate spousal support or be awarded spousal support in a trial. This support is intended to offer you a financial leg up while you adjust to post divorce life. The thought is that since you contributed to the family in ways that did not involve direct monetary contributions, it is fair to have your spouse pay you some figure on a monthly basis to compensate you for those contributions.
On another level, the fact that you may have to return to the workforce after your divorce means that you will be at a disadvantage most likely due to your years away from working and time spent in the home. Spousal support is also intended to act as a bridge from your old married life to your new single life as an income earner rather than a home economist.
Spousal support in Texas begins at marriages having lasted ten years or more and can extend further in terms of duration the longer the marriage has occurred. There is a cap of 20% or $5000 (whichever is less) on the average gross monthly income of your spouse in terms of what can be paid from him or her 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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Other Articles you may be interested in:
- Can you be forced to get a job after your divorce? Part Two in a Series
- The Dirty Trick of Quitting Your Job to Avoid Child Support During a Texas Divorce
- Can I get child support while my Texas divorce is pending?
- 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
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.