Call Us To Schedule Your Initial Strategy Session Today! (361) 882-7788
As true as it is, divorce is not only an emotional process. It’s very much a financial one, too. Texas, being a community property state, requires careful handling of marital assets and debts. Missteps can have long-lasting financial consequences. We’ll explore…
With all the technology of the day, hiding assets is more difficult than ever and far easier to detect. Even in cases where dishonesty isn’t suspected, attorneys typically review all available bank records. These can reveal:
For instance, transactions to or from platforms like E-Trade or cryptocurrency exchanges often expose hidden funds. More than this, spouses tend to have at least some idea of each other’s financial habits, such as if one spouse has a history of buying gold or stashing cash.
Courts take concealing assets seriously. If a judge finds that one spouse attempted to hide assets, they may award the other spouse a disproportionate share of the marital estate. In other words, cheaters don’t just get caught; they can be penalized seriously.
A recent well-known custody case involved a parent trying to reduce child support by claiming lower income. Investigation showed that he held both a captain’s license and a crane operator’s license, neither of which he was using. Further review of his bank records uncovered a hidden cryptocurrency account. The court ruled that he was intentionally underemployed and refused to reduce his child support.
Emptying joint bank accounts before filing for divorce may seem like a way to protect yourself, but chances are that doing so will seriously backfire. If the court determines that a spouse engaged in wasteful or fraudulent transactions, particularly just before filing, it may:
Texas courts are focused on fairness. Wasting or hiding community property goes against that and, as such, could reduce your share in the final settlement.
Joint bills must continue to be paid during a divorce to avoid damage to both parties’ credit. In Texas, most jurisdictions issue standing orders as soon as a divorce is filed. These orders generally require:
The spouses can agree, or the court may order who will pay which bills, but the bottom line is that payments must continue.
Leaving your job during or just before a divorce in Texas can raise red flags, especially if it appears to be an attempt to avoid paying spousal maintenance. Courts will closely scrutinize the circumstances surrounding the employment change. They look at whether the decision to quit was voluntary, whether the person is making use of their education, trade skills, or professional licenses, and whether they are intentionally earning less than they could.
If a judge determines that a person left their job to dodge financial responsibilities, the court may still calculate support as though that person were employed. Texas judges have significant discretion to impute income based on an individual’s qualifications and work history, which means quitting a job could ultimately backfire financially.
One of the most common mistakes people make during a divorce is not having a clear understanding of the full financial landscape of the marital estate. Many are unaware of all the assets and debts that make up the community property, which can lead to serious financial missteps.
A divorce lawyer helps clients gain a complete and accurate picture of their finances before any agreements are made. This includes reviewing all assets such as land, vehicles, antiques, bank accounts, and retirement funds, as well as debts like mortgages, credit cards, and personal loans. An attorney will carefully examine financial documents and property records to ensure every detail is accounted for.
Clients sometimes don’t realize that divorce includes not just dividing assets but also dividing debts. And after a divorce, it may not be financially feasible to maintain the same lifestyle, especially if the household previously relied on two incomes. For example, keeping the family home might sound appealing, but:
These are difficult realities. When discussing them with clients, our goal is to plan for long-term financial health. That might mean compromising on property in the short term to avoid:
Ultimately, we want our clients to succeed after their divorce, not just survive, despite how complex it may be. The decisions made during the process can shape your future for years to come. Avoiding common financial mistakes like hiding assets, quitting your job, or ignoring joint debts requires transparency, planning, and good legal guidance.
For more information on financial mistakes in Texas divorces, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (361) 882-7788 today.