With women continuing to swell the ranks of the workforce and making strides into the upper echelons of businesses, or creating ones of their own, the number of divorces in which the woman is the sole or primary earner in the family is also increasing. We are now seeing women “bread winners” grappling with divorce from a different perspective, and it’s important to understand the issues they face when divorce enters the picture.
Historically, the dominant tendency has been for the male in the marital relationship to be the sole or primary earner – the bread winner. But that landscape is rapidly changing, and it is now more common to find women in this situation. In this blog, we will highlight and discuss a few areas of interest to women bread winners as you attempt to sort through the divorce process here in the Dallas Metroplex.
Be Aware of How Marital Assets Are Divided in Your State
One of the main things you as a sole or primary earner should educate yourself about is the process underlying the distribution of marital assets. Texas is a community property state, which essentially means that Texas has a (rebuttable) presumption that marital property should be divided equitably, generally equally, between parties. Marital property is any property, asset appreciation, or financial gains acquired during the marriage, unless an exception applies. The flip side is that the same is true for debts and financial liabilities.
Even though Texas starts with a presumption favoring an “equal” distribution, this doesn’t mean that marital assets will always be divided 50-50. Depending on the particular circumstances, Dallas area family courts may decide to order or approve an unequal distribution if fairness requires it. This might happen if, for example, one party made patently reckless financial decisions during the marriage, or is involved in the inappropriate “dissipation of assets.”
The bottom line is that you should be aware of the very real possibility that you may have to share all marital assets equally, despite the fact that you may be responsible for generating a greater than fifty percent share of the totality of the marital assets. This includes earnings, retirement accounts, capital gains, home value appreciation, etc. This is just simply part of the reality of having to divide up assets between you and your ex-spouse in a community property state.
Be Prepared for the Possibility of Paying Child Support
Another issue women bread winners should prepare for is that, in the event that your ex becomes the parent with primary physical custody, you may end up having to pay regular child support. This is likely to surprise many women, if for no other reason than the fact that this is historically uncommon to women. If you have children, you will of course have the opportunity to negotiate for custody arrangements, or resolve any disputes in trial. If you agree or the court finds that giving primary physical custody to your ex is in the “best interests of the children” – the standard which really rules in custody scenarios – then you may end up having to pay monthly child support. The support amount will be based on pre-established State guidelines.
Be Prepared for the Possibility of Paying Spousal Support
Another aspect of the divorce process which tends to surprise women bread winners is the possibility of having to pay alimony, or spousal support. Spousal support is a post-divorce monetary award, either a recurring payment or lump sum, given in certain circumstances for the purpose ensuring that both parties are able to financially transition from the divorce comfortably. While spousal support is not common in Texas, you may want to be prepared if the issue arises. If you have been consistently out-earning your spouse, this might have implications when it comes to spousal support. Dallas area family courts may decide that, in order to prevent “unconscionably disparate” lifestyles emerging among the parties after divorce, either short-term or permanent spousal support is necessary. In other words, you may end up having to make recurring monthly payments, or a single award, to your ex-spouse if they can demonstrate it is warranted. While spousal support is not the norm and hurdles must be overcome to demonstrate the need, it is best to be informed.
Connect with Hargrave Family Law for More Information
To recap, if you’re the sole or primary earner, the “bread winner,” we suggest you start planning for the divorce process by:
- Becoming familiar with the realities of property division / distribution of assets in Texas
- Preparing for the possibility of paying child support
- Preparing for the possibility of paying alimony or spousal support
- Exploring the possibility of using the Collaborative Divorce process to maintain privacy
- Preparing for potential professional, social and emotional hurdles women breadwinners face
These are just a few things you should be aware of, which is why consulting with an expert legal team and skilled Dallas divorce attorney would be beneficial to you. At Hargrave Family Law, our mission is to empower people like you with the information you need to make informed decisions and be the author of your own next chapter. Reach out to us at Hargrave Family Law today to learn about your options for building a brighter future with hope. Schedule a complimentary case evaluation today, we’re here to help.
