This scenario is becoming increasingly rare. As women make inroads into the labor market, more and more divorce attorneys report seeing cases in which women are making child support and alimony payments to men.
]]> Over the last couple decades, women have begun to have more equal access to high-earning careers and advanced degrees. For example, in 1980, only about one-third of medical degrees were awarded to women. Now, women make up about half of all new medical graduates. Similarly, the number of women earning law degrees has almost doubled during the same time period.As a result, a significant number of American women end up being the primary breadwinners in their households. If their marriages break up, it is the women who end up needing to provide financial support to their husbands.
In a recent survey, 56 percent of divorce lawyers said they have observed an uptick in women paying child support over the last three years. Approximately 47 percent have noticed a similar increase in women paying alimony.
Texas Support Law
In Texas, spousal maintenance is usually temporary and is designed to support a dependent spouse while he or she transitions to an independent lifestyle. Permanent spousal support may be awarded in cases where the marriage has lasted longer than 10 years and the dependent spouse either lacks earning power or needs to care for a disabled child.
Child support is much more common. In nearly all Texas divorce cases involving children, the noncustodial parent will be required to pay child support until the child is at least 18 years old.
Source: The Huffington Post, "Alimony: Women Increasingly Paying Alimony to Their Ex Husbands," Patricia Reaney, May 10, 2012.
]]>Below are a few of the things you should consider when filing for Texas divorce later in life.
Retirement plans
Dividing pension plans and retirement funds is different from dividing other property during a divorce. While these funds are typically treated as marital property, there are separate processes for dividing them. For example, dividing a 401(k) falls under federal law - ERISA - while dividing an IRA falls under state law.
]]> Furthermore, you must use a qualified domestic relations order (QDRO) to divide most retirement accounts. A qualified domestic relations order is an official document that contains the name of the spouses, the dollar amount or percentage of the benefit to be paid (as well as the method of determining that amount) and the number of payments and/or time period required by the order.Insurance issues
If you are currently on your spouse's health insurance, you will need to find your own plan. You may be eligible for COBRA insurance (Consolidated Omnibus Budget Reconciliation Act insurance), which allows you to continue under your spouse's health insurance plan. However, you must act quickly to obtain this coverage.
You should also consider other types of insurance, including life insurance, long-term-care insurance, disability insurance and property insurance. While these types of insurance are important during marriage, they are even more important after a divorce.
Financial security
Every financial decision you make during your divorce is important. Now is the time to evaluate your future finances and create a budget for yourself that will let you maintain your lifestyle while paying back any debts. You will need to make decisions about what property to keep and what property to sell.
Depending on your circumstances, you may also want to review your estate plans to ensure that your assets will go to the right people.
Dividing two incomes into one is always difficult, but the limited income available during retirement can make the task seem daunting. An experienced divorce lawyer can review all of your options with you and help you make the right steps toward a positive future.
Source: More, "How to Survive "Grey" Divorce With Your Finances Intact," Jeffrey Landers, Jan. 26, 2012.
]]>In mediation, a third party neutral (the "mediator") works with both parties to try to find mutually beneficial solutions to divorce issues. Mediation is a non-adversarial setting that can address conservatorship, child support, alimony, property division and other significant and often-contentious divorce issues. By working through a mediator, spouses are able to make informed decisions that are not solely guided by emotions.
]]> Unlike collaborative law, the parties remain separate and each party may bring an attorney to the mediation. Sometimes, the parties will be in the same room together. Other times, the mediator will travel between rooms, speaking with each party separately. Either way, the parties will work together to come to an agreement that works for today and tomorrow - an agreement that encourages continued cooperation.Once the parties come to an agreement, the mediator writes a statement, which the parties' divorce attorneys can use to draft the separation agreement. If the parties sign a mediated agreement, it is considered binding.
Should you try Texas divorce mediation?
Whether mediation is a good option for you and your spouse is a question only you and your divorce attorney can answer. Do you believe that you and your spouse can work together toward an amicable agreement? Do you and your spouse have equal bargaining power or is one spouse more domineering? If there is a large difference in power between the spouses, the traditional courtroom process may be the best option.
In some cases, courts require spouses to attend mediation conducted by a court-appointed mediator. They will never refer a case for mediation if there is evidence of domestic abuse.
]]>Divorce is inherently emotional - you are going through a major life change - but it does not have to be a battle. There are ways to keep your Texas divorce out of the adversarial court process and to work with your spouse to make decisions that fit your unique situations.
In fact, our law firm strives to keep most divorces out of the courtroom. While some divorces are best handled in front of a judge (such as divorces where there is unequal bargaining power or evidence of domestic abuse), most divorcing couples can benefit from alternative dispute resolution (ADR).
]]> Judges are required to use the Texas family law code and specific formulas for property division, child support and alimony. They often make cookie-cutter decisions that are "fair" under the law, but do not cater to the individual needs of everyone involved in the divorce. Through ADR, parties are able to determine their own fate.Collaborative divorce
A relatively new ADR method, collaborative law brings together divorcing spouses with multiple neutral third parties to work toward holistic, mutually beneficial solutions. These third parties can include attorneys, financial experts and mental health experts.
The goal of the collaborative approach is to help divorcing spouses come to an agreement that takes into account all aspects of a divorce, including financial issues (both present and future), the emotional strain on all parties (including children) and the legal issues. Instead of following the child support guidelines, for example, the collaborative approach asks, "What does your child need and how can you and your spouse work together to meet those needs?"
Collaborative law not only settles all of the divorce issues; it also helps divorcing parents create a framework they can use when working together in the future.
Collaborative divorce is not for everyone. For example, if you believe you and your spouse will have trouble coming up with solutions together, the traditional divorce process may be better. Since all parties and neutrals work together in collaborative divorce, you will not be able to use the same experts and attorneys if you later decide to move to the traditional process.
An experienced family lawyer can help you decide what is the best approach for you and your unique divorce.
]]>We understand that although church and state are separate, some religious issues can impact how child support, child custody, alimony and even your entire Texas divorce is handled. Our goal is to help you understand what you can and cannot do under state law.
]]> When religious divorces and civil divorces collideThe New York Times recently published an article on the challenges of divorce for Orthodox Jews. In traditional Judaism, women must obtain a "get," or religious divorce, in order to remarry within the Jewish faith. However, their husbands can refuse to give the "get." While the woman can obtain a civil divorce, remarriage and any children born from that marriage carry a stigma without the get.
Because of the separation of church and state, state courts may not interfere with religious divorces. A state court may not require a husband to give a get or a woman to remain civilly married because she did not receive a get.
Some of these religious issues can, however, influence the civil divorce. For example, husbands often bargain with their wives, offering a get in exchange for reduced alimony and favorable child custody arrangements.
Whatever unique aspects you face in your civil divorce, an experienced Texas divorce attorney can help you work through the legal issues and develop solutions that respect both your religious beliefs and legal rights.
Source: The New York Times, "Where Divorce Can Be Denied, Orthodox Jews Look to Prenuptial Contracts," Mark Oppenheimer, Mar. 16, 2012.
]]>Stock options are contracts to purchase stock for a specific amount of money per share. In the past, companies gave employees stock options as bonuses and as incentives for star employees to continue working with them.
Generally, vested stock options can be divided during divorce. Vested options are those stock options that are not subject to forfeiture by the employee unless the time runs out on them. Most states also allow for the division of non-vested stock options during divorce.
]]> Texas follows the inception of title rule, which states that the character of property is determined based on the time and manner in which the person holding the property acquired an interest in that property. However, Texas courts have held that even non-vested stock options are community property because they are contingent interests. Therefore, they are subject to division during divorce.If you are going through a divorce involving stock options, you will need to:
If you are unable to come to an agreement on the value of the options, the non-employee spouse may also request that the employee spouse hold his or her shares in a trust to distribute that money in the future. This can be done through a formula or court retained jurisdiction.
As you can see, dividing stock options is complicated. You may want to work with a number of legal and financial experts, including an experienced divorce lawyer, a forensic accountant and a valuation expert, to help you ensure proper valuation and division of the stock options.
Source: Forbes, "Splitting Stock Options in a Divorce," Marlene M. Browne.
]]>Debts incurred during your marriage are community property debts, while debts incurred before marriage are separate property debts. Generally, you will divide debts in the same way you divide community property.
]]> When you are dividing debts during your divorce, you will want to consider multiple factors, such as each party's reason for incurring the debt. If, for example, a debt was incurred to benefit one spouses' separate property and the spouse intended to repay the debt through separate property, only that spouse should be liable for the debt.Other things to consider when determining who is responsible for what debt include:
No matter how you divide debt during your divorce, a creditor can come after both you and your spouse if you are both legally liable for the debt. In other words, creditors do not abide by divorce decrees. If both spouses signed a joint credit card agreement, they are each responsible for 100 percent of the debt. Similarly, if both spouses signed a joint tax return, both spouses are liable for the tax debt.
If a creditor comes after you for a debt allocated to your ex-spouse, you may need to sue your ex-spouse to seek reimbursement for whatever payments you make.
As you can see, dividing debts during divorce can be as difficult, if not more difficult, than dividing assets, especially if there is significant debt. You must also consider what could be the future consequences of that debt, and include provisions in your divorce decree that make it clear who will pay for additional debt (such as interest and penalties) should problems arise. A divorce attorney experienced in asset and debt division can help you divide your debt and plan for the future.
Source: FTC Facts for Consumers, "Credit and Divorce."
]]>Hiding assets may seem like an uncommon scheme; however, especially in high-asset divorces, it happens more frequently than you would expect. And unfortunately, spouses are often too afraid or embarrassed to accuse their spouses of hiding assets. This fear leads to the other spouse getting exactly what he or she wants: a larger piece of the property division pie.
]]> Here are some things to look for if you suspect your spouse has been hiding assets from you:Some of these actions could simply be signs that your spouse wants to control the finances or has a problem (such as a true gambling addiction). However, if you suspect there is more than meets the eye, it is to your benefit to hire professionals who can help you investigate your spouse's actions. Your spouse may be overstating his or her debts, reporting expenses that are greater than actual expenses, or reporting smaller revenue than is likely.
The law requires your spouse to disclose all of his or her financial resources during a divorce. If your spouse fails to do that and you uncover those assets, you will be in a stronger bargaining position and he or she will be facing legal consequences.
Source: Forbes, "21 Signs That Your Husband May Be Hiding Marital Assets During Your Divorce," Jeff Landers, Mar. 20, 2012.
]]>While these forms will make pro-se divorce (representing yourself during divorce) more manageable, they do not go far enough. Furthermore, there is not enough data showing that the forms (which are used in 36 other states) help individuals make good decisions during their Texas divorces or that there are more pro-se divorces now than in the past.
That is why the Texas State Bar has asked the Supreme Court to suspend the project. According to the Chairman of the Texas bar's family law section, the forms could be filled out incorrectly and lead to serious issues during a divorce. "People need legal advice," he said.
The Supreme Court has declined the request by the State Bar and will continue its work on the Texas divorce forms. It plans to vote on using the forms in the Spring.
]]> The Benefits of a Divorce LawyerAccording to data from Travis County, 56 percent of all divorces involving children and 78 percent of divorces not involving children are filed by individuals representing themselves. That data signifies the need for helpful forms. Yet, what if the forms convince people with complicated divorces that they can do it themselves?
This is what many Texas divorce lawyers fear, and not because of their own pocketbooks. Instead, they are worried about the repercussions for the parties.
The law is complex, especially when large assets and children are involved. Lawyers understand the law, as well as the procedures that divorce clients must follow. They know how judges like to be addressed and how to negotiate for your best interests. Your spouse may even respond differently to an attorney than he or she would to you. Furthermore, if your spouse has an attorney, you are at an immediate disadvantage.
Most importantly though, your life and your family matter to you. Your divorce may be the most difficult time you will ever go through because so many vitally important things are on the line. This is not something to take lightly.
Think of the law as medicine. Individuals who diagnose their own illnesses often become more ill than they would have been had they seen a doctor. Many times, they end up having to go to the doctor after all. This is also true with divorce. Unfortunately, the medicine to undo the mistakes already made in a divorce is scarce, especially if the court has already approved the final divorce decree.
If you are going through a Texas divorce, you owe it to yourself to at least meet with an experienced divorce lawyer and explore all of your options.
Source: Wall Street Journal, "Divorce-by-Form Riles Texas Bar," Nathan Koppel, Feb. 24, 2012.
]]>The last year has seen multiple divorces among high-profile sports figures, including Tiger Woods and Kobe Bryant. Like those divorces, Deion Sanders' Texas divorce is dramatic, involving:
According to news sources, Pilar Sanders asked the court to grant the divorce on grounds of mental, emotional and physical abandonment.
]]> Texas has both fault and no-fault divorce. Many people choose to file a no-fault divorce, which allows them to obtain a divorce by claiming insupportability. However, if one spouse can show the other was at fault for the divorce, the divorce court may consider the fault when deciding how to divide property.Fault grounds for a Texas divorce include: adultery, cruelty (cruel treatment), felony conviction with at least one year imprisonment, abandonment, confinement to a mental hospital and living apart without cohabitation for at least three years.
Famous sports players' recent high-asset divorces have involved accusations of adultery, large financial claims and, of course, the news media. But take the news media away and they aren't much different from the divorces faced by other families. Due to the tense emotions and significant changes that everyone going through divorce must face, even a no-fault divorce can quickly go from cordial to contentious. An experienced divorce lawyer can help ensure that you continue to make logical decisions during your divorce while fighting for your best interests.
Source: Texas Family Code, Section 6.001-6.008, "Grounds for divorce and defenses."
]]>There are multiple factors contributing to these statistics. First, some women rely on their husband's insurance plan during marriage and are unable to find their own health insurance shortly after divorce.
]]> Second, the economic situation of many women becomes much more difficult after divorce. Many women find themselves as custodial parents, unable to maintain the lifestyle they once led. They may also find they have to cut expenses wherever possible. Health insurance may be one of the first things to go.Maintaining Health Insurance After Divorce
Anyone going through a divorce should consider all of the financial aspects and potential impacts of the divorce. How will the divorce affect your standard of living? How will you provide for yourself and, if applicable, your children?
During child support discussions, you will have a chance to negotiate for health insurance for your children. Yet, while some states provide Medicaid for parents who are low-income earners, there is little to no coverage for divorcees without children or with moderate levels of income. Instead, federal law allows individuals to receive coverage under COBRA after a divorce.
At our law firm, we believe there are always solutions. For example, it may be possible to ask your ex-spouse to pay for post-divorce insurance premiums through your divorce settlement. Health insurance may also be included as part of a prenuptial agreement.
Divorce leads to significant financial change, but with the right legal and financial help, it can be less stressful and much more manageable.
Source: Public Radio International, "Research shows after divorce, women more likely than men to lose health insurance," Feb. 17, 2012.
]]>The Interstate Compact on the Placement of Children (ICPC) is an agreement that outlines how children can be moved between states for adoption, foster care and similar purposes. If you would like to adopt a child who currently lives in a different state, you will need to comply with the ICPC. This is true even if you are adopting your own relative, unless another close relative is placing the child with you.
]]> The goal of the ICPC is to ensure that children are placed with qualified parents. To meet this goal, officials evaluate the proposed placement before approving an adoption in Pennsylvania or another state.There are specific requirements that must be met through the ICPC, including:
The home evaluation is one of the most important steps of the process. This may include an on-site home visit, interview and risk assessment as well as clearance from the police. Many potential adoptive parents have nothing to worry about during the home study and interview, but they should be prepared to answer questions about their background, criminal history, potential safety issues, their ties with the community, emotional stability and how they will meet the special needs of their child (where applicable).
Source: AAICPC, ICPC Frequently Asked Questions.
]]>Of course, you cannot control what your spouse will do, but you and your Houston divorce attorney can work to make the experience less costly, more cordial and more time-effective.
]]> Not every divorce has to end in a bitter court fight. In fact, a courtroom battle often leads to no one liking the outcome of the divorce. If you and your spouse cannot agree on an issue together, the judge will make a decision based on his or her own interpretation of the facts of your case. When emotions are high and you and your spouse simple cannot agree, going to court may be the best option.But what if you can agree? You may be able to come to a positive resolution through:
If you are able to come to an out-of-court agreement on all of your divorce issues, you will want to write down, in detail, the specifics of that agreement. This includes all conservatorship issues, visitation schedules, spousal support amounts, property division details, etc.
If you are unable to settle out-of-court, your Houston divorce lawyer will help you fight for your interests in court.
Source: Patch, "Alternatives to a Contested Divorce," Jeremy T. Simons, Feb. 15, 2012.
]]>What if you don't change your will after a Houston divorce? Texas law addresses this question. If your marriage is dissolved after drafting a will, any provisions in the will that apply to your ex will be read as if your ex passed away before you. The people you named as contingent beneficiaries (such as your children) will receive what you would have given to your ex spouse.
]]> Similarly, your stepchildren will no longer receive the property you willed to them. The Code states that, after a divorce, "all provisions of the will, including all fiduciary appointments, shall be read as if the former spouse and each relative of the former spouse who is not a relative of the testator failed to survive the testator, unless the will expressly provides otherwise."If you would like to will assets to your stepchildren and your will does not include provisions that expressly state they should receive your assets even in case of a divorce, you will need to change your will to include them.
Wills are fluid documents. Some people can draft one will and have it last for an entire lifetime. Many others, however, will need to amend their wills based on life changes such as divorce. While Texas probate law protects divorced spouses to some extent, it is a good idea to redraft your will to ensure that it reflects your wishes.
Source: Texas Probate Code, Chapter IV, Section 69, "Will Provisions Made Before Dissolution of Marriage."
]]>There are many reasons for a parent to request child custody modification. This blog will discuss a few of those reasons that can affect a mother's or father's rights.
Changes in child support
One parent's inability to pay court-ordered child support can lead to a battle over conservatorship or possession and access (also known as "visitation"). The sole managing conservator (the parent with custody of the child) may deny visitation in retaliation for not receiving child support. This is against the law, and it also signifies a more significant need: if one parent can no longer pay child support, it may be possible to modify child support and, if necessary, conservatorship, and possession and access.
]]> RelocationDepending on whether or not there is a geographic restriction in the original court order, a sole managing conservator may not be able to relocate with the child without approval by the court. If a parent would like to move the child outside of the geographic restriction imposed by the court order, he or she must bring a request for relocation. This will likely impact the other parent's possession and access rights.
Allegations of child abuse or molestation
If one parent is accused of abusing or molesting the child, conservatorship and visitation may be significantly affected, especially if the child lives with the accused parent. A Texas court may issue a temporary protective order to prohibit future acts of violence. If the court finds that the allegations are truthful, custody and visitation arrangements will likely change.
A court may only grant modification of child custody / conservatorship if:
To learn more about modification of child custody / conservatorship in Texas, speak with an experienced family law attorney.
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