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Recent Blog Posts
Do I Get To Keep My Retirement Account During a Texas Divorce?
When divorce is on the table, many people worry a great deal about retirement savings. Texas is a community property state, so the part of an account earned during the marriage is usually shared by both spouses after divorce. Understanding how Texas treats retirement accounts will help you set goals and make informed choices during settlement talks. An experienced Travis County, TX divorce attorney can explain the laws that govern property division and walk you through how to protect your retirement plan.
Are Retirement Accounts Considered Community Property in Texas?
According to Sections 3.001 and 3.002 of the Texas Family Code, most property gained during marriage is considered community property. Money you put into a 401(k), IRA, pension, or Thrift Savings Plan while married, and the growth on those deposits, is generally community property. By contrast, what you owned before the wedding, along with any gifts or inheritances made to you alone, is separate property. If part of an account existed before marriage and part was built during the marriage, the account is mixed. The spouse who claims a separate share must prove that it is separate by tracing it with statements, rollover records, or other reliable proof. Without clear tracing to show that it was your individual property, a court may treat more of the balance as community property.
Can You Modify a Spousal Support Order After Divorce in Texas?
In Texas, a court may order spousal support, also known as alimony or spousal maintenance, for a specific period of time based on various factors. These factors can include the length of the marriage, the financial needs of the spouse, and the paying spouse's ability to pay. However, circumstances can change after the divorce is finalized. If either spouse experiences a significant change in their life, they may wish to modify the spousal support order. If you are facing this situation, consulting an Austin, TX spousal maintenance attorney is the best way to find out whether you are eligible for a modification.
Reasons To Modify Spousal Support in Texas
Every situation is different, and there are no blanket policies that apply to everyone who wants to modify a support order. The court carefully considers the unique details of your case when determining whether to allow a modification of alimony. However, some common changes in circumstances that may lead to an approved modification include:
What If My Business Has Debts During a Texas Divorce?
Dividing property in a Texas divorce is often complicated, especially if you have more complex assets like a business. It can be even more challenging when the business has outstanding debts. Loans, lines of credit, and other liabilities are not ignored during divorce. Instead, those debts must be accounted for and divided fairly under Texas law. If you are facing divorce and have a business with debts, you should speak with an experienced Austin, TX high-asset divorce attorney to protect your financial interests.
Does Texas Law Divide Debt During Divorce?
In Texas, both property and debt acquired during the marriage are considered community property. That means they are subject to division in the event of a divorce. According to Texas Family Code § 7.001, a court must divide the community estate "in a manner that the court deems just and right." This includes any debts tied to a family business, even if it is only in one spouse’s name.
Can You Challenge a Prenup During Divorce in Texas?
Prenuptial agreements can offer couples financial clarity before marriage, but that does not always mean they will be enforced. In Texas, you can challenge a prenup during a divorce. Courts often uphold these agreements. However, they will strike down a prenup if it violates the law or public policy. If you are dealing with questions about your prenuptial agreement while facing divorce, an experienced Austin, TX prenuptial agreement attorney can help you understand your rights.
What Makes a Prenuptial Agreement Enforceable in Texas?
Under Texas Family Code § 4.002, a premarital agreement can address a wide range of financial matters, including the division of property, rights to income or future earnings, and responsibility for debts. However, these agreements must still follow Texas law.
How Do I Prove That My Ex Is Trying To Turn My Child Against Me in Texas?
When a parent tries to damage the relationship between a child and the other parent, it can create long-term emotional harm. This behavior, called parental alienation, can also impact the outcome of a custody case.
In Texas, courts focus on the child’s best interests, which includes preserving a healthy bond with both parents when possible. If you suspect your ex is turning your child against you, you need to understand your legal rights and how to prove it. The first step is to speak with an experienced Austin, TX child custody attorney to learn more.
What Is Parental Alienation Under Texas Law?
Texas law does not specifically address "parental alienation." However, the concept is recognized through actions that interfere with a parent’s access to their child or damage the parent-child relationship. Under Texas Family Code § 153.001, the court’s primary goal in custody matters is to support the relationship between a child and a parent who has shown that they place the child’s best interests first.
How Does Texas Divide Intellectual Property in a Divorce?
Asset division during divorce can be complicated, especially when dealing with assets like intellectual property. Many people fail to realize that their creative works, inventions, and business ideas could be subject to division. Understanding how Texas law treats these sometimes highly valuable assets is important. An experienced Austin, TX divorce attorney can help you through the process.
What Are Intellectual Property Assets?
Intellectual property, often called IP, includes creations of the mind that have value and can be legally protected. These assets can generate income or grow in value over time. Common examples of intellectual property include copyrights, trademarks, patents, and trade secrets. For example, a spouse who writes music, designs software, invents a product, or owns a business logo might have valuable intellectual property interests. Even if the intellectual property is not producing income yet, it could become a significant asset in the future.
Do I Have To Pay Child Support and Spousal Maintenance in Texas?
Child support and spousal maintenance, also known as spousal support or alimony, are separate obligations determined by different criteria. You could end up obligated to pay both under appropriate circumstances, but child support takes precedence. If your situation changes, you may have grounds to modify either type of support. However, the court has strict standards for what constitutes a significant enough change in circumstances to modify support orders.
If you have concerns that you may face substantial support obligations after divorce, an experienced Austin, TX spousal maintenance attorney can help. We will ensure you understand how the court determines child and spousal support payments. If you need to modify existing orders, we will gather the evidence necessary to prove that your payments need to change.
What Counts as Wasteful Spending in a Texas Divorce?
In Texas divorce cases, courts closely examine whether either spouse has engaged in wasteful financial behavior that unfairly reduces the value of the marital estate. If the spending is unauthorized and provides no mutual benefit to the marriage, it is inherently wasteful and will impact the property division process of divorce proceedings. If you believe your spouse could be wasting marital funds or hiding assets leading up to your divorce, something known as the dissipation of assets, an experienced Austin, TX divorce attorney can help you track their spending and hold them legally and financially accountable.
What Is the Dissipation of Marital Assets in Divorce?
Dissipation refers to the misuse or concealment of community property by one spouse, particularly in the context of divorce. Texas Family Code § 3.003 stipulates that all property acquired during the marriage is presumed to be jointly owned with only a few exceptions. When one spouse intentionally reduces the value of the marital estate by transferring funds, hiding assets, or making unjustified withdrawals, the court can intervene to protect the other spouse.
How Is Artwork Valued and Divided in a Texas Divorce?
When a marriage ends, dividing unique, high-value assets can present difficult legal and emotional challenges. Artwork often carries sentimental and financial significance, and its value can fluctuate based on many factors, including the market, artistic reputation, and condition. In Texas, the process of determining ownership and dividing that artwork in a complex divorce requires an understanding of community property laws and appraisal standards. An experienced Austin, TX high-net-worth divorce attorney can help.
Is Artwork Considered Community or Separate Property in Texas?
Texas is a community property state, as outlined in Texas Family Code § 3.002. According to this law, most property acquired during the marriage is presumed to be jointly owned by both spouses and is, therefore, subject to equal division. However, the statute identifies certain property, including gifts, inheritances, and assets owned before the marriage, as separate property that is not subject to division.
Understanding and Proving Parental Alienation in Texas
When parents' relationships deteriorate, emotions can run high and easily turn to spite. Unfortunately, parents sometimes involve their children in disputes, using them to alienate the other parent. Complex child custody issues like these require careful investigation and legal intervention. If you think this is happening to you, you need an Austin child custody attorney to explain your legal options and help you build a case to prove parental alienation.
What Is Parental Alienation?
In the passive form, parental alienation can look like one parent undermining the child’s ability to see the other parent, like trying to withhold parenting time or not letting the child come to the phone. More directly, it may look like one parent consantly talking badly about the other parent to the child, divulging inappropriate details about the parents' separation, or shaming the child for speaking positively about the other parent. No matter how it shows up, parental alienation aims to poison how the child views a parent.
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