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The Financial Implications of Divorce in Texas

As the nation slowly recovers from one of the worst recessions in its history, many people are concerned about how divorce may affect their finances. However, there are options available to help people keep down the costs of divorce and to emerge from divorce with a clear understanding of their assets and debt obligations.

While people may hear stories of million-dollar divorce settlements and enormous child support obligations, these cases are not typical. Most often, people emerge from divorce without financial ruin.

The Wall Street Journal reports that financial advisors urge people to prepare for divorce the same way they prepare for any other unexpected major financial expense. Terry Headley, president of the National Association of Insurance and Financial Advisors, recommends setting aside income for several months to save cash to cover both spouses' costs in the divorce.

Other approaches to financial preparation for divorce include buying either divorce or marriage insurance, which provide coverage in case of an eventual divorce or in case a wedding is called off. Divorce insurance is sold by Safe Guard Guaranty Corp., and it only provides coverage if the spouses have been married at least four years to prevent people from buying the insurance when they already know divorce is imminent. Wedding insurance covers expenses when a wedding is canceled, or if it is rescheduled due to weather or other problems, according to the Wall Street Journal.

These types of insurance policies may provide assurance to some people and potentially constrain the monetary consequences of the ends of their marriages. However, a basic understanding of Texas' divorce laws and the representation of a knowledgeable family law attorney also can help people understand and reduce the financial implications of divorce .

In Texas, all of the property and income a person acquires while married is presumed to be the community property of the married couple, which means the judge has the authority to divide this property. This would include income from a salary, contribution to a retirement account and appreciation of a capital asset like a home that occurs during a marriage. If a spouse proves by the requisite standard that certain property is his or her separate property, the judge would have no authority over this property except to confirm ownership to the owner spouse. Separate property would include property that a spouse acquired prior to the marriage, property a spouse acquires during the marriage by gift or inheritance, property that mutated from a separate property asset or personal injury recoveries other than loss of earning capacity. When spouses get divorced in Texas, their community property is divided according to what a judge deems "just and right" considering the unique circumstances of each spouse. If there is a reasonable basis for doing so, the distribution of community property may not be equal. As indicated above, a spouse's separate property is not divided upon divorce.

According to Texas case law, judges consider several factors when making property division decisions, including:

  • The different earning power of the spouses
  • The education and future employability of the spouses
  • Fault in the breakup of the marriage
  • The health of the spouses
  • The joint debt of the spouses
  • The tax consequences of the marital property division
  • The spouse who will have custody of any children
  • The needs of the children, if any
  • Attorneys fees to be paid by each spouse

For advice on the best approach to divorce and marital property division for you, contact an experienced family law lawyer. An attorney will zealously advocate for your interests in your divorce and help you reach the most favorable outcome possible.

NOTE: Labels in bold are required.

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Latest News

  • Aimee Pingenot, Lindley Bain and Jim Mueller were selected for inclusion in the Texas Rising Stars, a Thomson Reuters service in 2012 printed in Texas Monthly.
  • Thomas Greenwald was recently quoted in an Associated Press Article, Divorce Dilemma: Texas Says Gays Can't Get Divorced.
  • Thomas Greenwald's byline article, Divorce and the Stay-At-Home Mom, published by Huffington Post.
  • Thomas Greenwald's byline article, Finding a Family Law Attorney, published by Huffington Post.
  • All of the Goranson Bain partners, Thomas Goranson, Angie Bain, Paula Larsen, Thomas Greenwald, Beth Maultsby, and Kathryn Murphy, were selected for inclusion in the list of Texas Super Lawyers, a Thomson Reuters service in 2011 printed in Texas Monthly.
  • Angie Bain, Paula Larsen, Kathryn Murphy and Thomas Greenwald were selected for inclusion in the lists of Top 100 Lawyers in Dallas/ Ft. Worth, a Thomson Reuters service in 2011printed in Texas Monthly.
  • Angie Bain, Paula Larsen and Kathryn Murphy were selected for inclusion in the list of Top 50 Women Lawyers in Texas, a Thomson Reuters sercie in 2011printed in Texas Monthly.
  • Aimee Pingenot, Clint Westhoff, Lindley Bain and Jim Mueller were selected for inclusion in the Texas Rising Stars, a Thomson Reuters service in 2011 printed in Texas Monthly.
  • Angie Bain has been elected to the Board of Directors of the Citizens for a Qualified Judiciary.
  • Kathryn Murphy spoke on the topic of Characterization of Property on Divorce at the annual Family Law on the Front Lines course in Austin on June 16, 2011.
  • Tom Greenwald was selected for inclusion in the list of "Best Lawyers in Dallas" by D Magazine in 2011.
  • Kathryn Murphy was the co-course director for the New Frontiers in Marital Property Law Course, State Bar of Texas (Oct. 2010).
  • Kathryn Murphy was the course director for the Collaborative Law Course 2011, State Bar of Texas.
  • Kathryn Murphy was assistant course director for the Collaborative Law Course 2010, State Bar of Texas.
  • Aimee Pingenot, Jim Mueller and Lindley Bain we recently selected for inclusion on the list of "Rising Stars" by Thomson Reuters for 2011.
  • Tom Greenwald spoke at the Collaborative Law Alliance of Collin County Team Thursday meeting on the topic of collaborative law and premarital, postmarital, and cohabitation agreements.
  • Tom Greenwald spoke at the 2010 New Frontiers in Marital Property Law Course in Scottsdale, Arizona. Tom spoke on the topic of premarital, postmarital, and cohabitation agreements.
  • Paula Larsen was selected for inclusion in the list of "Best Lawyers -- Lawyer of the Year, 2011" in the Practice Area of Collaborative Law: Family Law (Copyright 2011, by Woodward/White, Inc. of Aiken, S.C.).
  • Kathryn Murphy has been elected President of the Texas Chapter of the American Academy of Matrimonial Lawyers.
  • Paula Larsen has been named chairperson of The Collaborative Alliance.
  • All four female partners, Angie Bain, Paula Larsen, Beth Maultsby, and Kathryn Murphy, were selected for inclusion in the list of "The Best Women Lawyers in Dallas" by D Magazine, 2010.
  • Beth Maultsby spoke at the 36th Annual Advanced Family Law Course on the topic of The Mentally Incompetent Party.
  • Angie Bain has received the prestigious honor of being selected for inclusion in the list of Top 10 Texas Super Lawyers, a Thomson Reuters service in 2010 printed in Texas Monthly.
  • Thomson Reuters has named Tom Greenwald in the Texas Monthly magazine for inclusion in the list of Top 100 Lawyers in the State of Texas, Top 100 Lawyers in the Dallas/Fort Worth Region, and Texas Super Lawyers,2010.
  • Tom Greenwald has been selected by his peers for inclusion in the "Best Lawyers in America" in the area of Family Law, in the "Best Lawyers in America" ® 2011 (Copyright 2010 by Woodward/White, Inc., of Aiken, S.C.).
  • Beth Maultsby has been selected by her peers for inclusion in the "Best Lawyers in America" in the area of Family Law, in the "Best Lawyers in America" ® 2011 (Copyright 2010 by Woodward/White, Inc., of Aiken, S.C.).
  • Paula Larsen has been selected by her peers for inclusion in the "Best Lawyers in America" in the area of Family Law, in the "Best Lawyers in America" ® 2011 (Copyright 2010 by Woodward/White, Inc., of Aiken, S.C.).
  • Angie Bain has been selected by her peers for inclusion in the "Best Lawyers in America" in the area of Family Law, in the "Best Lawyers in America" ® 2011 (Copyright 2010 by Woodward/White, Inc., of Aiken, S.C.).
  • Kathryn Murphy has been selected by her peers for inclusion in the "Best Lawyers in America" in the area of Family Law, in the "Best Lawyers in America" ® 2011 (Copyright 2010 by Woodward/White, Inc., of Aiken, S.C.).
  • Tom Goranson has been selected by his peers for inclusion in the "Best Lawyers in America" in the area of Family Law, in the "Best Lawyers in America" ® 2011 (Copyright 2010 by Woodward/White, Inc., of Aiken, S.C.).
  • Angie Bain presented at the Advanced Family Law Seminar in August 2009. Angie presented with Dr. John Zervopoulos and Judge Scott Beauchamp on "Conflicting Court- Appointed Mental Health Roles: How to Find Them; How to Handle Them."
  • Angie Bain has been nominated to serve on the State Bar of Texas District 6A Grievance Committee.
  • Once again, Angie Bain, Tom Goranson, Tom Greenwald, Paula Larsen, Beth Maultsby, and Kathryn Murphy have been selected by their peers for inclusion in the 2010 edition of Best Lawyers in America in the area of Family Law. Angie Bain and Paula Larsen are among a distinguished group of attorneys who have now been listed in Best Lawyers for ten years or longer and Tom Goranson has now been listed for over twenty years. Beth Maultsby was also selected by her peers for recognition in the area of Family Law Mediation and Paula Larsen in the area of Collaborative Law.
  • Paula Larsen has been reappointed to the State Bar of Texas Pattern Jury Charge (Family) Committee.
  • Beth Maultsby spoke at the State Bar of Texas Marriage Dissolution Course in Fort Worth on the topic of "Preparing Your Client for Social Studies and Psychological Evaluations."
  • Kathryn Murphy spoke at the State Bar of Texas Marriage Dissolution Course in Fort Worth on the topic of "Characterization of Marital Property."
  • Kathryn Murphy spoke to the Collin County Bar Association and the Collin County Bar Association Estate Planning Section on the topic of "Premarital and Postmarital Agreements."
  • Kathryn Murphy spoke at the University of Texas School of Law Parent-Child Relationships course in Austin on the topic of "Civil and Ethical Implications of Electronic Evidence."
  • Tom Greenwald spoke at the University of Texas Family Law on the Front Lines course in San Antonio on the topic of "Models of Effective Presentations."
  • Beth Maultsby participated in a panel discussion at the University of Texas Family Law on the Front Lines course in San Antonio on the topic of cases involving substance abuse.
  • Angie Bain wrote a paper on the topic of "Cohabitation Contracts" and Jim Mueller spoke on the topic at the University of Texas Family Law on the Front Lines course in San Antonio.
  • Kathryn Murphy spoke at the University of Texas Family Law on the Front Lines course in San Antonio on the topic of "Electronic Evidence."
  • Tom Greenwald spoke on the topic of "Models of Effective Presentations" at the 9th Annual Family Law on the Front Lines Conference conducted by The University of Texas School of Law in San Antonio, Texas.
  • Tom Greenwald spoke on the topic of "Models of Effective Presentations and Visual Persuasion: The Effective Use of Trial Aids, Demonstrative Aids, and Summaries" at the 2009 Collin County Bench/Bar Conference conducted by the Collin County Bench Bar Foundation.
  • Tom Greenwald, Tom Goranson, Angie Bain and Kathryn Murphy were selected for inclusion in the list of "Best Lawyers in Dallas" by D Magazine in 2009.
  • Tom Greenwald was selected for inclusion in the list of "Best Lawyer in America" by Woodward/White Press Best Lawyers in America 2009.
  • Thomas Greenwald participated as a panelist on the topic of "Evidentiary and Discovery Issues in Family Law Cases" via webcast conducted by the State Bar of Texas on January 29, 2009. The webcast has been re-webcast several times since the original webcast.
  • All of the Goranson Bain partners, Thomas Goranson, Angie Bain, Paula Larsen, Thomas Greenwald, Beth Maultsby, and Kathryn Murphy, were selected for inclusion in Texas Super Lawyers in the October 2009 edition of Texas Monthly magazine by Thomson Reuters. Only 5 percent of the total lawyers in Texas are recognized as Super Lawyers.
  • Angie Bain was honored by being selected for inclusion in the list of Top 10 Texas Super Lawyers (Thomson Reuters) of 2009. She was also recognized by being selected for inclusion in the list of the top 50 women attorneys in the State of Texas, one of the top 100 lawyers in the Dallas/Fort Worth region and one of the top 100 lawyers in Texas.
  • Paula Larsen was selected by Thomson Reuters in 2009 for inclusion in the list of top 50 women attorneys in the State of Texas, one of the top 100 lawyers in the Dallas/Fort Worth region, and Texas Super Lawyers.
  • Tom Greenwald was selected by Thomson Reuters in 2009 for inclusion in the list of top 100 lawyers in the Dallas/Fort Worth region, and Texas Super Lawyers.
  • Beth Maultsby selected for inclusion in the list of Texas Super Lawyers (Thomson Reuters) in 2009.
  • Kathryn Murphy was selected by Thomson Reuters for inclusion in the list of "Top 100 Texas Super Lawyers" (2004-2009), the "Top 50 Women Texas Super Lawyers" (2003-2010), and the "Top 100 Dallas/Ft. Worth Super Lawyers" (2003-2006; 2008-2009).
  • Tom Goranson participated as a panelist on the topic of "Dealing with Complex Business Entities on Divorce" at the New Frontiers in Marital Property Law Seminar conducted by the State Bar of Texas on October 16, 2008 in Napa, California

Office Addresses

Main Office

Goranson, Bain, Larsen, Greenwald, Maultsby & Murphy, PLLC
8150 North Central Expressway,
Suite 1850
Dallas TX 75206
Phone: (214) 373-7676
Dallas Law Office

Plano Office

Goranson, Bain, Larsen, Greenwald, Maultsby & Murphy, PLLC
6900 N. Dallas Parkway, Suite 400
Plano TX 75024
Phone: (214) 473-9696
Plano Law Office