What am I entitled to if I divorce my husband? is one of the first things female clients frequently ask. The response is that in Texas, women’s rights in a divorce are the same as men’s rights in a divorce.
No matter whether the issue is spousal maintenance or the equitable distribution of marital assets (also known as community property), both parties must adhere to the same standards and principles mandated by Texas courts.
If you think you have been treated unfairly, it is critical that you get legal advice from an experienced family law attorney in your area.
When it comes to safeguarding your legal rights after a divorce, you only get one chance to get it right. If the court determines that you are not entitled to your fair share of marital assets, you may find yourself without the financial means to continue on with your life once the divorce is finalized.
What Am I Entitled to With Respect to Alimony?
The state of Texas has a policy against alimony. Marriage imposes a legal responsibility on one spouse to provide financial assistance to the other spouse.
When it comes to supporting an ex-spouse after the marriage has ended, Texas divorce laws are reflective of the state’s public position against such a commitment in permanence.
Instead, the dissolution of marriage puts an end to a spouse’s obligation to provide for the other spouse’s needs.
The legitimacy of spousal support, on the other hand, has been acknowledged by Texas courts. “Periodic payments from the future income of one spouse to support the other spouse,” according to Texas law, is what spousal maintenance is.
Unlike alimony, which is intended to maintain a spouse’s level of life, spousal support is intended to assist the receiving spouse in regaining their financial footing.
Despite this, Texas courts are still reticent to grant spousal support, save in a few limited instances. These are some examples:
- Conviction of domestic violence against a spouse or their children;
- Marriage of over ten years, and spouse requesting support lacks the ability to make sufficient income; or
- The spouse requesting support suffers from a debilitating disability or is the caretaker for a disabled child.
Without falling into one or more of these specific categories, it is doubtful that a Texas court will award spousal support in the event of a divorce between the couple.
What Is a Wife Entitled to in a Divorce in Texas with Respect to Asset Division?
According to Texas law, both women and husbands are entitled to a reasonable and equitable part of the marital estate.
Marital assets, often known as “community property,” are assets that were obtained by either spouse throughout the course of the marriage. The partition of anything that is categorized as common property is a legal requirement.
Whatever name is on the title or whatever name is on the bank account, it makes no difference to the buyer. Automobiles, the marital house, enterprises, and payments to retirement funds are examples of assets that might be included in community property.