Going through a divorce can be tough, especially for a non-working spouse. Texas follows community property laws, which means that marital property gets divided 50/50. But the non-working spouse may still feel unsure about their rights. Here is what they need to know.
Marital property division
In Texas, marital property includes anything acquired during the marriage. This can be wages, income, or even retirement benefits. If the couple bought a house during the marriage, it is also considered marital property. On the other hand, separate property belongs to one spouse. This might include assets owned before marriage or gifts received individually.
The court considers many factors when dividing property. The length of the marriage plays a big role. In shorter marriages, the split might not be equal. Judges also look at each spouse’s education and earning ability. If the non-working spouse has limited income potential, they might receive a larger share.
Spousal maintenance
Non-working spouses might also qualify for spousal maintenance, known as alimony. This helps cover living expenses after divorce. Courts award it when one spouse cannot meet basic needs on their own. The amount and duration depend on the length of the marriage and the spouse’s ability to earn income.
If the marriage lasted more than ten years, the non-working spouse has a higher chance of getting spousal maintenance. Other factors include whether the spouse has a disability or cares for a child with special needs.
Protecting your rights
To protect their rights, non-working spouses should gather financial records. This includes bank statements, retirement accounts, and property deeds. It is also wise to document any contributions made during the marriage. These records help the court understand the non-working spouse’s role in building marital assets.
While divorce can feel overwhelming, non-working spouses have options. Texas courts aim to make fair decisions based on each situation. Reaching out to a family law attorney can also make a significant difference. They can guide spouses through the process and help them secure a fair outcome.