Austin, TX asked in Divorce for Texas

Q: divorcing after 40 yrs. am i entitled to half the house and half of his ira? he abandoned me after my stroke

i filed and he responded denial to my simple request. also need 24 hour care as i am learning to walk again. care is expensive and i am low on funds. i do recieve 1500. from ssecurity

is it posssible to get spousal support? how much?

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1 Lawyer Answer
Mary E. Ramos
Mary E. Ramos pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Houston, TX
  • Licensed in Texas

A: In Texas, assets acquired during the marriage are considered community property. This means that any asset earned or acquired during marriage– be it earnings, retirement accounts, real property, personal belongings, etc – are subject to a just and right division in a Texas divorce. Even if an asset is in one spouse's sole name, such as a 401k retirement account or motor vehicle, if acquired after marriage, it is considered community property in a Texas divorce.

Regarding spousal support, a spouse may qualify for spousal maintenance if the parties have been married for more than ten years. The exact amount and length of spousal support would depend upon several factors, including the resources and expenses of both spouses.

If the cost of legal representation is an issue, is an excellent informational resource.

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