[TX] What are a spouse’s financial options in a divorce after leaving a career to care for the family?

Hello! My name is Bruce, and I have been practicing law for over forty years. Thank you for the opportunity to assist you today. What are your legal questions? I’m here to help.

Thank you for your patience. Your husband does not decide whether he has to provide for you after the divorce. Those decisions are made by a judge. In a divorce case, in the absence of an agreement, distribution of marital assets, responsibility for debts, and spousal support (alimony) are very fact specific. In determining awards, courts look at a party’s needs as well as their ability to pay, as well as the following factors:

1. The standard of living established during the marriage.
2. The duration of the marriage.
3. The age and the physical and emotional condition of each party.
4. The financial resources of each party, including the nonmarital and marital assets and liabilities distributed to each.
5. The earning capacities, educational levels, vocational skills, and employability of the parties and, when applicable, the time necessary for either party to acquire sufficient education or training to enable them to find appropriate employment.
6. The contribution of each party to the marriage, including services rendered in homemaking, child care, education, and career building of the other party.
7. The responsibilities each party will have with regard to any minor children they have in common.
8. The tax treatment and consequences to both parties of any alimony award.
9. All sources of income available to either party, including income available through investments of any asset held by that party.
10. The reasons for the divorce.
11. Any other factor necessary to do equity and justice between the parties.

His long-term disability will certainly affect the court’s evaluation of the financial abilities and history of both parties. The court determines if alimony must be paid. The court does not determine where the funds come from, so alimony can potentially be paid from long-term disability income.

Your husband does not get to decide whether he has to provide for you after the divorce. Those decisions are made by a judge based on the factors listed above. Given that you left your career 30 years ago to care for your family, used your teacher retirement during the marriage, have health issues that limit your ability to work outside the home, and would have no liquid income until your husband begins collecting Social Security, a court would consider all of these facts when determining spousal support.

Under Texas Family Code Section 8.051, a court may order maintenance if the spouse seeking support lacks sufficient property to meet minimum reasonable needs and, among other things, has been married to the other spouse for 10 years or longer and lacks the ability to earn sufficient income to provide for minimum reasonable needs. Your 37-year marriage and your inability to work outside the home due to health issues would both weigh strongly in your favor.

If there is no agreement on all financial issues, the divorce cannot be considered “uncontested.” If your husband tightly controlled the finances and you have no money to pay a lawyer, contact legal aid services in your area. For Bastrop County, Texas, pro bono family law resources are available through local legal aid organizations.

I cannot speculate on what the outcome will be without reviewing all of the evidence as indicated in the list above.

If there is no agreement on all financial issues, it cannot be an “uncontested” divorce.

If you tell me what county and state this is, I can search for pro bono legal aid resources.

For Bastrop County family legal aid and pro bono services, you can search through the State Bar of Texas Lawyer Referral Service and Texas Legal Services Center for free or low-cost legal help. I also recommend contacting Lone Star Legal Aid, which serves Bastrop County.

Have I answered all of your questions? Do you have additional legal questions on this topic? I’m here to help.