Alimony in a community property state such as Texas
We’ve spoken in the past concerning property division questions as to how Texas is a community property state. Though only a few states have such a system, a community property system involves marital or joint assets that a couple owns being divided equally among the couple following a divorce.
While this may seem to simplify matters when it comes to property division, how alimony or spousal support is awarded still as complex here as any place else. A party’s age and employment prospects do need to be considered in the awarding of alimony. In fact, community property states often provide even more in the rewarding of alimony than other states possibly due in part to the way property is divided up to begin with.
There is also room for negotiation when it comes to how much alimony or child support should be awarded. Such negotiation can play a part in property division as well. In any case, it is often desirable for couples to set their own terms concerning these matters rather than leave these determinations up to a judge.
All of these options should first be discussed with an experienced family law attorney. It would not be prudent to go into any negotiation or hearing of a family law matter without first understanding all of one’s legal options.
There are a number of determinations that would need to be made in court before spousal support would even be awarded. Length of marriage, number of children, debts, special needs and many other factors are weighed in formulas that family law courts use.
Source: Huffington Post, “Why Where You Divorce Matters: Equitable Distribution vs. Community Property,” David Centeno, Aug. 28, 2013