How Will Divorce Impact My Income and Lifestyle in Texas?

Assessing Asset Division in Texas Divorces

One of the most significant aspects to address in divorce is the division of assets. According to the Texas Family Code, Texas is a community property state. This means that all property acquired during the marriage is usually considered community property and is divided equally between the spouses in the event of a divorce. However, separate property such as gifts and inheritances are not subject to division.

The goal of asset division in a Texas divorce is to distribute assets and debts in a way that is fair and just for both parties. This involves evaluating bank account balances, valuing stocks and mutual funds, and considering outstanding debts. A family law attorney from Skillern Firm Divorce & Child Custody Lawyers can help navigate this complex process, ensuring a fair outcome and safeguarding your rights to marital assets.

Retirement savings at stake

When you’re dealing with asset division in a divorce, retirement savings are a significant factor to consider. A divorce can lead to a decrease in retirement savings for both parties, impacting their long-term financial stability. Retirement accounts in Texas may be divided in divorce if they are classified as community property. This means that both spouses may have a claim to the assets in the accounts.

A Qualified Domestic Relations Order (QDRO) is a legal directive that instructs a retirement plan administrator on how to allocate retirement assets to each spouse as part of a divorce settlement. This division of retirement accounts can have a substantial effect on older individuals’ financial stability during retirement.

The marital home dilemma

The marital home is often one of the most contested assets in a divorce. In a Texas divorce, the marital home is categorized as either separate property, in which case it stays with the original owner, or as community property, which is a form of marital property. When the home is considered community property, it is divided according to Texas law, resulting in an equitable distribution of the home between both spouses by the Court.

Several factors are taken into account when deciding who gets the marital home, including income disparities, spousal capabilities, and the financial capacity to maintain the home. Strategies for managing the marital home include one spouse buying out the other’s interest or selling the home and dividing the proceeds. In these situations, a divorce attorney from Skillern Firm Divorce & Child Custody Lawyers can provide invaluable legal counsel, advocate for your rights in property division discussions, and work alongside real estate and financial professionals to ensure an accurate assessment.

Spousal Support: A New Financial Consideration

Another major financial consideration in a Texas divorce is spousal maintenance or spousal support. This is court-ordered financial support designed to provide the receiving spouse with the means to support themselves for a specified duration following a divorce. When deciding on nature, amount and duration for spousal maintenance, courts may take into consideration:

For instance, if one spouse has a medical condition requiring long-term medical care, this could change the Judge’s decision on whether to grant spousal maintenance.

Keep in mind that spousal maintenance payments in Texas are capped at twenty percent of the payor spouse’s monthly income. Moreover, with post divorce spousal maintenance there are several factors where it can terminate earlier than the duration ordered. For example if a party remarried or cohabitates with another person with whom the obligee has a dating or romantic relationship in a permanent place of abode on a continuing basis

Child Custody

When children are involved, divorce becomes more complex. In Texas, child custody is determined based on the ‘best interest of the child’ standard. In Texas, ‘conservatorship’ is the term used to refer to child custody, and one or both parents can be appointed as the child’s conservator, granting them the authority to make decisions regarding the child’s well-being.

Child custody can be modified based on material and substantial changes in circumstances. In cases involving a child’s disability, indefinite support may be necessary. Medical support, which includes health insurance for the child, may also be included in the divorce decree.

Legal Fees and the Cost of Divorce Proceedings

Divorce is not only emotionally taxing but also financially draining, especially when considering the legal fees and costs of divorce proceedings. The cost of divorce in Texas can vary significantly. Factors such as whether the divorce is contested, the number of issues to be resolved, and the number of lawyers involved can all impact the overall cost. In a contested divorce, couples who engage in legal battles over assets may incur significant legal fees.

Couples can minimize legal expenses by choosing alternative dispute resolution methods such as mediation or negotiation, or even self-representation if feasible. However, bear in mind that the court has the authority to order one individual to cover a portion or the entirety of their spouse’s attorney and legal fees.

Health Insurance Changes After Divorce

Health insurance is another factor that can be significantly impacted by divorce. Once the divorce is finalized, your eligibility to utilize your spouse’s health insurance ceases. This change in health insurance coverage can lead to the necessity to find new policies or coverage options to ensure you and your children remain covered.

Some options for maintaining healthcare coverage following a divorce include:

• Enrolling in a COBRA plan, which provides temporary continuation of health coverage but can be costly
• Checking if you qualify for Medicaid based on specific income criteria
• Acquiring a life insurance policy for the individual responsible for spousal support, particularly if there are young dependents.

Rebuilding Your Lifestyle After Divorce

After divorce, rebuilding your lifestyle necessitates adaptation to new financial circumstances and the creation of a new budget. Establishing a practical budget is essential in overcoming financial challenges post-divorce and striving for sustainable long-term financial security. Exploring new income opportunities, such as pursuing a higher-paying job, establishing a business, or acquiring additional skills for career progression, are key steps in rebuilding your financial stability after a divorce.

Seeking financial advice is crucial as it enables individuals to gain a comprehensive understanding of their financial status, establish achievable objectives, and develop a well-thought-out strategy to attain financial autonomy post-divorce. Before assuming new financial responsibilities, it is crucial to assess how to manage finances within the context of a single-income household and to confirm that any new obligations are in line with the revised budget post-divorce.