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Do I owe my spouse Any income once I file for a divorce and…

Customer Question
Do I owe my...

Do I owe my spouse Any income once I file for a divorce and move out?

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

Yes, its filed and he wants me to give him income. Do is have too?

Lawyer's Assistant: Family law varies by state. What state are you in?

Texas, he has 3 degree but Sells real estate but hasnt sold any this year.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No..... Just need to know if I have to give him money while we are divorcing.

Submitted: 4 months ago.Category: Family Law
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Answered in 13 minutes by:
4/13/2018
Family Lawyer: Sean K, Family Law Attorney replied 4 months ago
Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 977
Experience: Family Law Attorney in Private Law Firm
Verified

Hi, I’m Sean and I will be assisting you as an expert today. I’m an attorney with more than 20 years of experience. It is my goal to provide a solid overview of your situation. Whether the analysis is good or bad as to your matter, I want to make sure you understand any points you need and that you have options to better address the questions you have. If I am able, I will also provide you with some resources. Please note that the system, independent from me, may offer a phone call. You are not obligated to engage in a phone call, but I am happy to speak if you desire. This is completely up to you.

What he is looking for is alimony or spousal support.

In Texas, the Court's can order alimony or parties can agree to it. In Texas alimony is very tightly controlled by and covered by statute. The reason I say this is that just because he asks, does not 1, mean you have to pay it to him or 2, mean he is entitled to it.

It is not unusual for Courts to order alimony, but it is not an automatic right or entitlement. As he is a real estate agent and is working, that would likely have a great impact on a Court deciding whether to award alimony. Real estate agents are not guaranteed a regular income, but Courts know they can make a great deal of money and that the measure of how successful a person is is how hard they work. As well, if he has three (3) degrees, that will in no way help him as he should be earning something.

Bot***** *****ne is that just on a request alone and his not earning anything this year that alone does not mean you have to pay him. Before you did, I would recommend seeing an attorney and have him look at all the factors that are involved to give a complete analysis, but I would be very guarded in giving him money now as that would give him the ability to say you had agreed to pay and that you should continue to do so.

Please let me know if you have other questions or would like to speak via phone.

Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation.

If you have any follow up questions it would be my pleasure to answer them. As experts we only get credit for the time and effort we spend on our answers if you rate us positively - 5 stars is definitely appreciated but not required! There is no cost associated with you rating me and you can still ask follow up questions after rating me and I will respond.

One final point, there may be a delay between your question and my answer; this is because I'm either not at my computer or helping someone else but rest assured, if you ask, I will provide an answer. Thank you again.

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Sean K
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Category: Family Law
Satisfied Customers: 977
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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