If during the marriage your savings was at one time $1 million (or whatever) and on the date of separation you only have $10,000 in the bank then you are looking to divide the $10,000.
During a marriage, people can do whatever they want with their money.
If you want more than what currently exists then the burden falls on you as to why you deserve it? Did the other spouse spend it on their relatives, new "friend", or a child by another relationship? If so, you might be entitled to 50% of the money that has gone to help other people outside of your marriage. This is often difficult to prove.
If during the marriage one party had major surgery and it ate up all of your savings, then you might not be entitled to anything. Both parties are obligated to support the other party during the marriage. Just because one of you had a bad heart, hair transplant, cancer, plastic surgery, etc. it is presumed that you agreed to it.
If you owe money to the IRS, if you signed the tax return then you cannot claim that you are innocent. By signing you agree that you looked at the tax return. Plus the federal government does not follow Texas family courts - in this case - federal trumps state.
Generally student loans go to the party who took out the loan. Even though your family "lived" on your student loan money, it is presumed to be your debt. This can be argued but it is not an automatic division of community debt.
Talk to a family law attorney for guidance.
No comments:
Post a Comment