Divorce for Professional Athletes

Professional Athletes and Prenuptial Agreements

Many professional athletes have prenuptial agreements in place that outline their respective property and spousal support rights in the event of a divorce. It is important to note that prenuptial agreements cannot establish child custody or child support rights. To be considered legally binding in Texas, a prenuptial agreement must be in writing and signed voluntarily by both parties. In situations where either spouse was not fully informed of the other spouse's financial situation or did not waive the right to such information, a court may deem the prenuptial agreement unconscionable and choose not to enforce it. However, if there was financial disclosure and voluntary agreement, Texas courts will generally uphold prenuptial agreements.

Property Division in Divorce for Professional Athletes

If the parties do not have a prenuptial agreement, the courts will usually divide the property. In Texas, community property encompasses any property acquired by either party during the marriage, including income and real estate, except for a few exceptions like gifts, personal injury damages, and inheritances. Conversely, separate property is property owned by either party before the marriage, which remains their own after the divorce. For example, if one spouse owned a house prior to the marriage, it is generally considered separate property.

Community property assets may be divided between the spouses in a way the court deems equitable. However, equitable does not always mean an equal distribution, but instead one that is considered fair and just. The court will consider various factors, including whether either spouse is at fault for the divorce, each spouse's current income and earning potential, which spouse cares for the children, and the health of both parties.

Determining Spousal Maintenance

When it comes to divorce cases involving professional athletes, it's common for the non-athlete spouse to ask for spousal maintenance, which Texas refers to as alimony. However, in Texas, spousal maintenance is only granted under specific circumstances. For instance, it may be awarded when the spouse from whom maintenance is sought committed an act of family violence against the requesting spouse or their child within two years of the divorce action's initiation or while the suit is pending. It may also be given when the spouse who seeks maintenance lacks the ability to earn sufficient income to provide for their reasonable needs, either due to a disability or because they are caring for a disabled child.

Furthermore, spousal maintenance may be granted in cases where the marriage has lasted for ten or more years, and the spouse requesting maintenance can't earn enough to meet their needs. If the court decides that spousal maintenance is necessary, it will consider various factors to determine an appropriate amount, such as the duration of the marriage, each spouse's assets and liabilities, and their employment history and health.