My name is XXXXX XXXXX I'd be happy to answer your questions today.
A spouse isn't automatically entitled to the other spouse's income, and it wouldn't necessarily be half. First, Texas law provides that a spouse is not entitled to any support unless the marriage has lasted at last 10 years. Tex. Fam. Code, Section 8.051
. Second, support is based on need. To receive any support, your spouse would need to be able to show that the money is needed. That means showing that the spouse cannot work and has no income, or that the spouse's income is not sufficient to meet reasonable needs. The person asking for support has the burden of showing how much is needed. The judge will consider whether your spouse is able to work, what your spouse's income is, and the lifestyle that you lived during the marriage, among other factors. The judge will also consider your ability to pay support.
Note that I am only talking about alimony
. If you have minor children, your spouse will be entitled to child support
, which is based on your combined incomes. Your spouse is also entitled to half of all assets acquired during the marriage. That will include any savings, regardless of who put the money in the account.
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