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TJ, Esq.
TJ, Esq., Attorney
Category: Family Law
Satisfied Customers: 12133
Experience:  JD, MBA
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What can you tell me about asset division in a Texas divorce

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What can you tell me about asset division in a Texas divorce proceeding cohabitation/marriage total 11 years 3 children under 8. Husband will not produce income verification voluntarily, working on interrogatories and production.
Hello and thank you for allowing me the opportunity to assist you.

Can you narrow your question? It's quite broad. There are entire books written on the subject. Are asking how a judge generally divides assets?
Customer: replied 3 years ago.

Sorry for the delay. The husband is ex-military and has a pension, he is also employed making perhaps $100,000. He has neglected or refused to provide proof of income or assets (I suppose just because she has not made the required formal demand.) I am assisting her to make that production demand, although I am a licensed lawyer only in Canada. She has agreed to waive spousal support and division of assets in a temporary order issued in Texas to expire on July 30, 2013. He has a house in Texas. She left in fear of her personal safety and that of the 3 children under 8.


 


 


Thanks


 


Harvey


 


Hi again.

The botXXXXX XXXXXne is that Texas is a community property state. All property obtained during the marriage is community property, and property obtained prior to the marriage is separate property. Community property is divided in a divorce, but not necessarily in a 50/50 split. The court will take into account various factors such as earning capacity, education, and ages of the spouses; the length of the marriage; the spouse having primary possession of the children; fault in the breakup of the marriage; wasting of community assets; contribution (or the lack of contribution) to the community estate; the value of any separate property, to name some of the most common factors.

As an aside, since they have been married longer than 10 years, alimony is also a possibility.

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Customer: replied 3 years ago.

How would the court view the acquisition date of a pension. If he had "retired from the armed forces prior to cohabitation, would she be entitled to $0.00? What if he retired a month after cohabitation or marriage then what? What if he got a $100,000 bonus a month following separation. Can you shoot from the keyboard as she needs a general sense of what is reasonable.


 


Hi again.

Pensions are generally earned over time. There is not generally a specific acquisition date for the entire pension. Judges generally award a percentage equal to the percentage of time in which they were married. For example, if they were married during the entire time that the pension was earned, then the pension would likely be split in half. If 10% of the pension was earned before they were married, then the judge would likely only split 90% of the pension. If all of the pension was earned prior to marriage, then she'd likely be entitled to nothing because it wouldn't even be community property. Anything such as a bonus earned after marriage community property and is subject to being split.

But bear in mind the factors that I posted earlier with regard to how assets are split. The factors also take into account her own income and ability to provide. If she is also earning $100k, then I'd expect an even split. If she earns less, then she may be granted more than 50%. If she earns $200k per year, then I would expect less than 50%.
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