Did you know that Texas is a community property state? We have discussed community property before, and you can find that blog here. But did you know that community property law in Texas extends to the income of the spouses? That’s right. There is no “my paycheck.” Every penny earned by each spouse belongs to both spouses equally. As we say around here, “It’s not his money and your money. It’s y’all’s money.”
Many people who want a divorce don’t know how to get access to the money needed to hire an attorney. Either one spouse makes all the income for the household leaving the stay-at-home parent believing the breadwinner in entitled to all the income, or one spouse controls all the banking and account management as part of the household division of labor leaving the other spouse “frozen out” of the accounts. Of course, many times the breadwinner mistakenly views the income has his or hers since he or she earned that money at work while the other spouse stayed at home.
The fact is that Texas’s community property laws allow for both spouses to use community funds for the divorce. In some cases, the breadwinner can be ordered by the court to release community money to the stay-at-home spouse’s lawyer so both spouses can afford a good lawyer during the divorce. Additionally, the breadwinner can be ordered to pay the other spouse some spousal support to help the other spouse afford to live during the divorce. These two forms of payment are in addition to any child support that can also be ordered.
Long before most people ever talk to a divorce lawyer, they will start trying to get their ducks in a row when it comes to figuring the logistics of getting the divorce. Figuring out how to pay for the divorce is often at the top of the list. Texas law helps when it comes to paying for a lawyer. Again, it’s y’all’s money, not his or hers. If paying for your divorce is a problem because the other spouse makes or controls all the money, there are ways a savvy divorce lawyer can access those funds to pay for your living expenses as well as your legal fees.
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Youngblood Law, PLLC is a Fort Worth, Texas family law firm focusing on helping people get through the divorce process so they can get on with the rest of their lives. This essay is intended for educational use only, and is not a replacement for competent legal counsel. If you are facing a family law matter, we recommend obtaining competent legal counsel like Youngblood Law, PLLC. For more information contact us at 817-601-5345, find us on the web at www.youngblood-law.com, or on your mobile device, open your browser and type in lawfw.biz and press Go. Find us on Facebook at www.facebook.com/youngbloodlawPLLC/