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Montgomery County Family Law Blog

Tips may help with negotiating spousal maintenance during divorce

During the process of getting divorced in Texas, people may naturally worry about how the event will impact them financially. This is particularly the case for those whose spouses were the primary or sole breadwinners, not them. However, a couple of tips may help these individuals to effectively negotiate spousal maintenance with their future exes during divorce.

First, during the informal negotiation process, it is wise for the individual seeking spousal maintenance to remain as calm as possible. If the situation becomes heated, it may be beneficial to continue the discussion later when tempers are no longer flaring. In addition, it is best not to an ambush the other party by discussing the matter when he or she is rushed. The best time to talk about spousal maintenance is when both parties have time to think through the matter.

Divorce is unavoidable for half of married couples

Dissolving a marriage in Texas is one of the hardest things a person may experience in life. However, the truth is, about half of marriages end in divorce. For this reason, it might be helpful for people in Texas to acknowledge that staying married together forever is a rarely attainable accomplishment, as this may save them from the feelings of guilt, stress and anguish often associated with divorce.

Before people get married, it may be a good idea for them to communicate about their expectations for marriage. For instance, even though they desire for their marriage to last, they may also plan for the situation where the marriage does not last, by creating a prenuptial agreement. Likewise, those who have already gotten married might want to develop a postnuptial agreement that protects their interests in the event they decide to get divorced down the road.

Splitting 401(k) is a straightforward process during divorce

During the process of dissolving a marriage, one of a spouse's biggest concerns may be figuring out how to divide shared assets. This is especially true for those who have significant amounts of money in their 401(k)s. Here is a look at how to divide retirement assets during divorce in Texas.

The 401(k) is one of the defined contribution plan options that today's employees can take advantage of. Determining a 401(k)'s value is straightforward because it carries a daily balance, or cash value. For this reason, this type of plan can easily be split however a judge considers to be appropriate using a qualified domestic relations order.

Divorce can be complicated with children who have special needs

The marital dissolution process can quickly take a toll on any family. However, families with children who have special needs face unique financial and emotional challenges during the divorce process. Here is a look at how such families can navigate the divorce process in Texas.

Children who have special needs include those who require extra support from parents. These include, for example, those with attention deficit hyperactivity disorder, learning disabilities, addiction problems, Down syndrome and autism. They also include children who have physical disabilities, like severe or mild physical limitations, hearing loss or diabetes.

Focusing on a child's best interests during divorce

You and your ex both want custody of the kids. Even with the marriage ending, nothing is more important to you than the relationships you have with the children. Nothing. Your ex feels the same way.

To decide how it will all play out -- if sole custody should go to either of you or if you'll get joint custody -- the court looks at the children's best interests. It's their goal to protect the kids and put them first. That should be your goal, as well. Here are some key things to consider.

Divorce has impact on Social Security benefit collection

Federal officials have reported that 96% of workers in the United States possess Social Security coverage. Unfortunately, many of those who have gone through divorce do not understand how this coverage works in their particular situations. Here is a rundown on the Social Security benefits available to those who have gone through a marital breakup in Texas.

First, those who got divorced after 10 years of marriage may still collect Social Security benefits based on their ex-spouses' records. This is true even if their ex-spouses have already re-married. However, this is possible only if the individuals attempting to collect benefits are still unmarried, they are at least 62 years of age, their ex-spouses are eligible for retirement benefits, and their benefit amounts are less than the benefits they would receive based on their ex-spouses' records.

Life after divorce at age 45 can be positive

During the process of getting divorced in Texas, people may naturally worry about their futures. This is particularly true for those who go through divorce while they are middle aged -- for instance, at age 45. However, a few tips can help them to keep their quality of life as strong as possible post divorce.

First, newly divorced individuals may want to monitor how they talk to themselves for one week. This is possible by keeping a feeling/thought diary. In their diaries, people can simply list the thoughts they have, how they feel in connection with these thoughts and how they can respond to such thoughts to experience higher-level outcomes.

Spousal support an important consideration during divorce

During the process of getting divorced, two individuals may quickly become at odds with each other over the matter of spousal support. For instance, one spouse may express concern about paying an unreasonable spousal support amount, while the other spouse might worry about not getting enough in support payments every month. Let's take a peek at how a divorce court in Texas handles this type of financial support during the marital dissolution process.

Spousal support, or spousal maintenance, was created with the aim of helping lower-income-earning spouses or  spouses with no income to receive the money they need to stay afloat financially following divorce. In other words, its purpose is to minimize the unfair financial impact of divorce on the less wealthy spouse. State law dictates how much a person should receive in spousal support based on several factors.

Protecting one's business in divorce

Getting divorced in Texas can be a particularly difficult process for those who own their own businesses. Business owners going through divorce likely have concerns about how the process will affect their companies since the business represents countless hours of hard work and commitment as well as significant financial investments. The following details several options a business owner has available to shield him or her from losing too much during the process.

Since Texas is a community property state, the courts will split all property 50-50, or as close as possible. Unfortunately for business owners, one of the protections they could use to shield their businesses from division is a prenuptial agreement, which would have had to occur well before the couple got married. Post-nuptial agreements are also an option; however, the courts typically view the agreements with greater scrutiny.

3 signs you’re headed for divorce

For some people, divorce is unexpected, they never saw it coming. For others, the signs were more than apparent. Sometimes, both spouses come to the same conclusion at generally the same time. And sometimes, one spouse wants to make it work while the other simply wants out.

Like marriages, divorces are similar and yet unique to every couple. The same holds true for the various signs that usually indicate divorce is imminent. Here are a few signs that it might be time for you to consider divorce.

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Vernier & Associates, PLLC
2441 High Timbers Drive Suite 110
The Woodlands, TX 77380

Phone: 281-882-3271
Fax: 832-585-0955

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