Thanks for the chance to assist.
Yes, this would be legal (or rather, could be legal). Its certainly possible to work out a marital separation
agreement that pays you going forward. But I would recommed you work with an attorney to "get it right"
Let me back up...a divorce can either be contested or not contested.
Uncontested; Now the fastest, (and by far the least expensive) way to get a divorce is if you can agree on the terms. If you can agree on "who gets what" there is not a need for attorneys...this will cut the costs to a very small amount (court fees)
Contested; if you can not agree, this is a contested divorce. To proceed you need an attorney or need to act as your own attorney (very bad idea). Here the parties present evidence to the court on "who gets what" and the court decides. This take longer and involves attorney fees for both sides.
Here, if you can agree with your soon to be ex on "who gets what"...great!
Now, the charachterization is important. In TX, the court allows "maintenance" (alimony
). So if your goal is to get a salary, you will want to make sure its properly charachterized...you would not call it salary....you would call it maintence. And you would want to make sure the separation agreement spells out the amount and duration.
That is why you should have an attorney assist. If you can agree with him on the amounts, you can avoid the fighting...but you want to have an attorney look over the final agreement to make sure it uses the proper langugage (example: you call it maintenance and not salary).
Your fear of him "dropping this business and starting another" is the very reason you want the agreement to use the term maintenance and NOT salary.
As for if you have "more of a stake"...I can not aswer that question...nor can anyone else online...to answer taht you would need to sit down with a local family law
attorney and go over the details of the marriage
and the business.
Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get credit for my work.
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