If you are a non-working spouse in Texas, such as if you stay home to care for your children or you have a disability that prevents you from working, you may wonder what you could be entitled to in a divorce. The answer in many cases is “quite a lot.”
Texas does not punish one spouse for their non-working status during divorce proceedings. And in some cases, non-working spouses may be entitled to more than they expected if the divorce involves a spousal maintenance order.
Community and Separate Property in Texas Divorces
Texas law recognizes two types of property in divorce cases: Separate and community property.
Separate property belongs to only one of the spouses. It includes the property the spouse brought into the marriage, the property they received during the marriage through gifts and inheritance, and the property they recovered for a personal injury, other than compensation for loss of earning capacity.
Community property belongs to both spouses and includes everything else. Any property the spouses receive during the marriage that isn’t a gift, inheritance, or personal injury recovery falls under this category and may be split between the spouses during the divorce.
It’s also each spouse’s responsibility to establish what property counts as separate property for these purposes. The state assumes that all property is community property unless proven otherwise by evidence.
Community Property Division
When dividing community property, the court will do so in a manner that it “deems just and right.” Often, this means the property is split 50/50. However, that is not always the case, and one spouse may leave the marriage with a more significant portion of the community property.
For example, if one spouse has more separate property than the other, the courts may balance this out by allocating more of the community property to the spouse with less separate property. Alternatively, if one spouse will have primary physical custody of the children, that spouse may be entitled to a larger portion of the community property to support the children.
Spousal Maintenance (Alimony)
Some divorce cases also involve one spouse paying spousal maintenance, also referred to as alimony, to the other. This is a monthly payment that’s meant to offset the disparity between a spouse’s standard of living before and after the divorce.
Alimony payments are fairly common in divorces where one spouse is non-working because they lack the necessary work experience, education, or training to obtain a job that would provide enough income to meet their needs.
Various factors influence the court’s decision to grant maintenance, including both spouses’ ability to provide for themselves, the duration of their marriage, and the contributions each spouse made to the marriage.
How Divorce Lawyers Can Help Non-Working Spouses
A divorce lawyer can help non-working spouses maximize the community property and alimony they receive through their divorce. They can do this by assessing the value of each spouse’s separate property, filing a petition for spousal maintenance, and gathering evidence to support the spousal maintenance petition.
In cases where you suspect your spouse of trying to influence the community property division by hiding assets, your lawyer can also hire a forensic accountant to uncover evidence of their fraudulent activity.
Contact Our Central Texas Divorce Attorneys
If you are going through a divorce as a non-working spouse, contact Huckaby Hicks PLLC for a free case analysis performed by one of our experienced divorce attorneys. We serve Travis, Hays, Caldwell, Williamson, and Comal Counties. During your initial consultation with our woman-run law firm, we’ll explain what you may be entitled to through your divorce and the steps we can take to protect your rights throughout the process.