During a divorce, a couple will need to decide how to divide their property. This can be complicated and emotionally-difficult process, regardless of the circumstances of the case. However, property division can be especially complex in high net worth divorces, because higher amounts of money and more valuable assets will be involved. While the basic principles of property division remain the same, there are some unique issues that must be considered when it comes to a high net worth divorce.

Characterization of Assets

The first step in dividing property is determining how each asset should be characterized. In most cases, assets will either be defined as either community or separate property. Community property typically includes any assets acquired during the marriage, while separate property includes assets acquired by either spouse prior to the marriage or through an inheritance or gift.

In some cases, however, assets may not fall neatly into one category or another. For instance, if one spouse owned a business before getting married but then used marital funds and labor to expand the business during the marriage, this could lead to complex characterization issues that may require the help of financial experts to resolve. For example, a forensic accountant may be able to trace assets back to their source and determine whether they originated as separate property or were purchased or otherwise acquired through the use of marital funds or income earned during the marriage.

If you are currently going through a divorce in Texas, you may be wondering if you are entitled to receive spousal support. While the answer is not always easy to determine, there are some general rules and guidelines that can help guide your understanding of how spousal support works in the Lone Star State.

What Is Spousal Support?

Spousal support—sometimes referred to as "alimony"—is an economic contribution from one spouse to the other following a divorce. Generally speaking, it is designed to provide financial stability to a spouse who may have been financially dependent on their partner during the marriage. Depending on the circumstances of each case, spousal support may be ordered by a court or agreed upon by both parties during mediation or the negotiation of a divorce settlement.

The Texas Family Code details the eligibility requirements for spousal support, which it refers to as "maintenance." Generally, a person will be eligible to receive maintenance if a couple was married for at least 10 years, and the spouse seeking support will be unable to provide for their own needs following the divorce. Maintenance may also be awarded if a spouse has a disability that prevents them from earning sufficient income to support themselves, if they cannot earn sufficient income because they will be providing care for a child of the marriage who has a disability, or if the other spouse committed family violence within two years before the couple's divorce case began.

While the vast majority of divorce cases are resolved between the spouses before going to trial, for some, litigation is unavoidable. In other cases, the parties begin preparing for litigation while continuing to negotiate and are able to reach an agreement before the matter is brought before a judge. As your case gets underway, your attorney may request discovery from your spouse and your spouse’s attorney may request discovery from you. Discovery—or the gathering of all information pertinent to the case at hand—may include depositions, and if you have been asked to give a deposition, there are several things you should know.

What Is a Deposition?

You may have heard the word “deposition” on television procedural dramas, but, until they are required to give one, many people are not fully clear on what the term means. A deposition is testimony given under oath in advance of a courtroom hearing or trial, the transcript or video of which may be used later in court. In a divorce-related deposition, the testimony typically takes the form of a series of questions asked by one party’s attorney to be answered by the other party. For example, if you are being deposed, your spouse’s attorney will usually be asking relevant questions.

Topics Covered in a Divorce Deposition

The questions in your deposition may cover a wide variety of subjects, but they should all be pertinent to your divorce. If the attorney asks you a question that you do not believe is relevant, your lawyer can raise an objection that will be noted in the record. The exact questions will depend on what issues are still unresolved in your divorce, but a deposition will generally include discussions about:

Whether or not to hire an attorney to help you end your marriage is always a complicated question. While many young couples without children or significant debt or assets can successfully file for divorce on their own, the majority of divorcing individuals would be taking a major risk by not hiring an attorney. Although many people are concerned that hiring an attorney will be too expensive, employing the help of an attorney actually increases the chances you will save money on child support, spousal maintenance, and other costs. Hiring an attorney to represent you during your divorce can benefit you in many ways.

Save Time and Frustration

The American legal system is one of the best in the world, but it can be tedious to navigate. Divorces, especially complicated or high net-worth cases, can require seemingly endless amounts of paperwork, signatures, meetings, and legwork. Because divorce is often a deeply emotional process, some people find that they are simply unable to handle the added stress of managing the legal aspects of their divorce alone. An experienced family law attorney can help streamline the divorce process, saving you valuable time and resources.

Ensure Accuracy and Eliminate Mistakes

Texas law provides that a divorcing couple’s marital or “community” property must be divided “in a manner that the court deems just and right.” This means that during property division in a divorce, the property and assets a couple has accumulated are not necessarily divided 50/50. Texas courts look at many factors when dividing marital property and always attempt to do so in a way that is equitable and fair. However, without a thorough analysis of each spouse’s financial circumstances, it can be difficult for courts to make a completely informed decision. A family law attorney can help you value your assets and represent debt and income accurately. This helps ensure that you are not shortchanged due to miscalculation or oversight.

Texas family law courts start child custody cases with the assumption that it is in the child’s best interests for both parents to share legal custody or to have “joint managing conservatorship.” Having legal custody of your child, however, does not mean that you have the authority to do whatever you want with your child when he or she is in your possession. Parents must agree to abide by a parenting plan that is enforceable by law and violating the terms of this plan can have serious legal consequences. 

One of the most serious violations of a joint parenting plan is when a parent relocates out of state and takes a child with them without permission. Parenting plans will generally address whether one parent has the exclusive right to designate a child’s residence or whether a parent can move within a certain area without needing to request permission from the other parent or a Texas family law court; however, rarely is an out-of-state move is permitted without prior approval. If you want to move out of state with your child, or if your child’s other parent has the intention of moving out of state and you object, get help from a Texas family law attorney right away. 

When Can a Parent Move Out of Texas with a Child? 

If only one parent has exclusive conservatorship and possession of a child, that parent is free to make all decisions he or she finds in the child’s best interests, including relocation. But when parents share conservatorship and/or possession, they need to get a court order allowing them to relocate out of state.