Eustace, TX Divorce Law Firms & Lawyers

Your fact statement is a bit difficult to unravel in terms of separate and community property. Separate property is owned prior to the marriage and community property is acquired during the marriage. The court cannot award separate property to the other spouse. If you owned the house prior to this marriage, it is your separate property. With respect to the equity loan, the creditor will sue the parties who signed the note. I suggest you hire a lawyer.

In Texas, a spouse may receive spousal maintenance (which is similar to alimony) under Chapter 8 of the Texas Family Code.  Spousal maintenance is intended to provide for a spouse's "minimum reasonable needs" if the spouse seeking maintenance will lack sufficient property on dissolution of the marriage.  Spousal maintenance is available if the marriage has lasted for 10 years or longer and the spouse seeking maintenance lacks the ability to earn sufficient income to provide for the spouse's minimum reasonable needs.  It is also available when the spouse, or a child of the marriage of whom the spouse has custody, requires substantial care and personal supervision due to a physical or mental disability, and if the spouse from whom maintenance is sought has been convicted of family violence.Your divorce lawyer should be able to discuss with you the parameters of a spousal maintenance order based on the facts and circumstances of your particular case.Alimony is available in New Jersey, although it is not ordered in all divorce cases.  The factors affecting an award of alimony in New Jersey are somewhat different than those governing an award of spousal maintenance in Texas.  It should be noted that New Jersey is also not a community property state, so a division of marital property in New Jersey might look very different from a division of marital property in Texas.  Unless your husband is a divorce lawyer himself or sought the advice of competent, experienced divorce lawyers in both New Jersey and Texas and paid them both to do a thorough analysis of your particular facts and circumstances, it would be very difficult to predict five years ahead which state would produce the most favorable overall result in future divorce procedings.

You are only entitled to one half of what she earned during the marriage. As of the date of separation, the community property interest in the retirement benefit terminated.