Wilson Whitaker Rynell

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972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN
wilson whitaker rynell attorneys and counselors at law logo
972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN

Compensation in Divorce in Texas

ATTORNEYS IN DALLAS

Compensation received by each party during a divorce has a direct impact on periodic payments to be made to one party based on the other party's income.

Compensation in Divorce

Finances often become the main point of disagreement in numerous divorce cases. The distribution of property and the possibility of alimony payments are frequently disputed by couples terminating their marriage. The equitable distribution of marital property and the resolution of other financial disputes depend largely on the income earned by each party throughout the marriage and their future earnings. If you or your spouse are considering divorces, its best to seek legal advice from an attorney on how compensation may affect the outcome of your case.

Compensation and Property Division

In Texas, it is generally assumed that any property obtained during a marriage belongs to both parties as community property, unless there are specific exceptions. One such exception is compensation received from a personal injury lawsuit, unless it is intended to replace lost income. Community property is shared by both spouses and is usually divided by the court based on what is fair. It is important to note that community property also includes any compensation earned by either spouse during the marriage.

While it is usually straightforward to determine the value of compensation during a divorce, there are some cases where it can be challenging. For example, if one or both spouses receive non-cash forms of payment, such as deferred compensation plans, restricted stock options, or employee stock purchase plans, it can be difficult to accurately determine their income. Additionally, contributions to a retirement plan may also be considered community property depending on when they were made. To evaluate the value of non-cash compensation and determine whether it should be classified as separate or community property, expert assistance from a forensic accountant is often necessary.

Spousal Support

The compensation received by each party during a divorce proceeding has a direct impact on whether one party is entitled to or required to provide spousal support. In Texas, spousal support can be awarded in certain situations, such as when the marriage lasted for ten or more years, and the spouse seeking support lacks sufficient income and property after the divorce to meet their needs. However, it is presumed that this type of support is not necessary. The presumption can be challenged if the party seeking support can demonstrate that they have tried persistently to earn sufficient income to provide for their needs or have attempted to develop the necessary skills to do so.

If the court decides that support is necessary, it will order periodic payments based on the future income of the other party. As such, the compensation earned by both parties now and in the future is a crucial factor that the court considers when determining whether to award spousal support. Additionally, the amount and duration of support to be awarded will also depend on the compensation and financial resources of each spouse, as well as the ability of the spouse seeking support to generate an income.

Speak with an Experienced Divorce Attorney

Many marriages fail due to disagreements over finances, and these disputes can continue during the divorce proceedings. If you or your spouse are considering ending your marriage, it's wise to consult with a divorce attorney to explore how income and assets earned by either party may impact the dissolution process. The experienced attorneys at Wilson Whitaker Rynell have a strong track record of managing complex divorce cases, and we will work diligently in pursuit of the most favorable outcome possible. Our firm represents clients in divorce cases in various Texas cities, including Dallas, Austin, Houston, Fort Worth, and all cities within Dallas County, Tarrant County, Collin County, and Denton County.

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In order to best prepare yourself during the divorce process, it is vital that you have a qualified divorce attorney by your side. Our divorce law firm is dedicated to providing knowledgeable, professional, and effective legal counsel for all types of family and divorce matters. When you work with our experienced Dallas family law attorneys, you can trust that we will have your best interests in mind.

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Texas Divorce Attorneys

By Kayla Holderman • 10 May, 2024
Dallas Family Law & Divorce Attorneys Deciding to divorce is a challenging and significant life choice. Once you've made that decision, there are many paths to consider, and Wilson Whitaker Rynell is here to help you navigate the best way forward. What distinguishes us from other Dallas family law firms is our exceptionally skilled team of family law practitioners and our commitment to delivering outstanding client-centered service. Whether through mediation or litigation, our family law attorneys in Dallas bring a depth and breadth of knowledge gained through years of successful practice. We also have board certified divorce lawyers so you can count on the highest standards of integrity, expertise, and legal proficiency from the divorce lawyers at Wilson Whitaker Rynell. Whether you're in Dallas, Plano, Frisco, Allen or any other Dallas neighborhood, you can trust our local family law firm to provide you with the support and guidance of a highly experienced team of family lawyers. Family Law Practice Areas Our dedicated team is focused on providing personalized and effective legal solutions tailored to each client's unique circumstances. We understand that family law matters can be emotionally challenging, and we strive to offer compassionate support while staunchly defending our clients' rights and best interests. With Wilson Whitaker Rynell, you can trust that you'll receive top-tier legal representation from a team that genuinely prioritizes your well-being. We specialize in a wide range of family law and divorce matters, ensuring comprehensive legal support for our clients. Our experience includes, but is not limited to, the following areas:
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Kids & Custody: The Judge’s Chamber Chat

By Chelsea Lankford • 08 May, 2024
Interview of a Child in Chambers by a Texas Court Divorces can be messy; even more so when children are involved. One pivotal question that is often asked is who will receive primary custody. The prospect of children speaking to a judge during a divorce case to help determine custody can be a controversial topic. On one hand, it aims to understand and prioritize the child's preferences and best interests. On the other hand, exposing children to legal proceedings can be emotionally taxing and stressful . When Can the Judge Talk to Children? During a nonjury trial or hearing, the court is required to privately interview any child 12 years or older, while interviewing a child under 12 is at the judge's discretion. This private interview helps convey the child's wishes regarding who should have primary custody. The judge can also conduct the interview independently or on the request of a party, amicus attorney, or attorney ad litem. While speaking to the child can help determine issues of possession, access, and parent-child relationships, it does not restrict the court’s authority to decide what’s best for them. However, in cases where a jury trial is underway, the judge is prohibited from privately interviewing the child on matters subject to a jury verdict such as which parent is granted conservatorship/primary custody. During the conversations, attorneys representing the parents, the amicus attorney, the guardian ad litem, or the child's attorney ad litem may be present. For children aged 12 and older, the court is required to record these interviews to ensure a thorough and accurate record is available as part of the overall case documentation. Inside the Judge's Playbook: What Gets Asked? The judge may ask open-ended questions about living arrangements, the child's relationship with each parent, and other aspects relevant to their well-being. Additionally, an interviewer’s nonverbal communication may not contribute to the making of a particular statement. James v. Texas DHS, 836 S.W.2d 236, 239-241, (Tex.App.—Texarkana 1992, no writ.). However, the child's testimony is just one piece of the puzzle, weighed alongside other factors such as parental behavior, home stability, and each parent's willingness to cultivate the child's relationship with the other parent. Importantly, if the judge during the interview has reasonable cause to believe that a child’s physical or mental health or welfare has been adversely affected by abuse or neglect by any person , the the judge is obligated to shall immediately make a report. Tex. Fam. Code §261.101(a).
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Understanding Parental Alienation in Texas

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