Husbands and wives have equal rights and responsibilities in Texas divorces. Yes, it was historically common for the mother to be awarded child custody or to be the one receiving alimony, but those trends do not have any bearing on the way the law is applied to men and women. Having said that, here is a general overview of what either party to a Texas divorce is entitled to. If you want to discuss your specific situation, reach out to a Sugar Land, TX divorce lawyer near you from Jamie Jordan, PLLC as soon as possible.


Understand that Texas Is a Community Property State

The Lone Star State is a community property state. What does that mean? Unlike in most other states, all marital assets and debts will be evenly divided by the court. “Even” refers more to 50/50 than to “equitable” or “fair.” Even if something is only in the name of one of the spouses, it is still considered to be 50% the property of the other spouse. The principles of “community property” apply to anything—assets or debts—acquired by either party during the marriage (personal investments or bank accounts, businesses, retirement accounts).


A Note About Dads Seeking Custody

As stated in the beginning, men and women do not have different rights or responsibilities in divorces in Texas. This means that fathers with full-time jobs can and do seek out the custody of their children. Three-quarters of single dads have full-time jobs, and there are 2.5 million single dads throughout the country right now (versus 300,000 single dads in the 1960s). Divorcing men absolutely have the right to be dedicated, involved fathers.


How Much Child Support Can I Get?

If you are awarded primary custody of your children, the support you’ll receive is based on a portion of the other parent’s total incoming earnings. For instance, if there is one mutual child, the other parent would pay 20% of his or her income. If there were two mutual children, the other parent would pay 25% of his or her income. If there were three mutual children, 30% of the income must be paid. If there were four mutual children, 35% is paid. If there were five mutual children, 40% is paid. In Texas, child support is capped at 40% of the paying parent’s income, even if there are ten children to support.


How Much Alimony Can I Get?

Texas law defines spousal maintenance, or alimony, as “periodic payments from the future income of one spouse for the support of the other spouse.” Marriage establishes the legal obligation to support your spouse, even in the financial sense. Texas law aims to make that financial obligation as short-lived as possible transitioning out of a divorce. The goal is to maintain a spouse’s standard of living post-divorce while he or she gets back on their feet to live independently. Texas courts award spousal support in the following circumstances:

  1. The receiving spouse (or child) has been the victim of domestic violence
  2. The marriage lasted at least ten years, and the receiving spouse lacks the ability to earn sufficient income
  3. The receiving spouse suffers from a severe disability or cares for a disabled child from the marriage

To be clear, both men and women can and do receive alimony payments.

Contact a Sugar Land Divorce Lawyer Near you

If you are worried that because you are a full-time mom or a working dad, you won’t be treated fairly by the Texas family court system, ease your concerns by contacting the best Sugar Land divorce lawyer from Jamie Jordan, PLLC is eagerly waiting to receive your call or email and help you through this challenging time. Contact our offices today!