Over the last several decades, media around the practice of law has presented some of…
In a perfect world, all divorces would end civilly with no conflict. Everything would be done respectfully and compassionately. If there are children involved, the parties would put their children’s interests first and ensure the children are coping well with all the new changes, or at the very least, receiving support. Unfortunately, we don’t live in a perfect world. Many divorces end in struggle and heartbreak. One party may not want to agree to a divorce. Financial insecurity after a divorce can be a motivating factor to stay in an unhappy union. These feelings of financial insecurity can be heightened when a spouse is threatening to cut you off financially during a divorce.
Often there are more legal and financial problems than just emotional turmoil. The divorce process can often oscillate between amicable and contentious. Unfortunately, when things are contentious, financial assets can become a weapon used by one or both spouses. We have certainly heard parties say: “I’d rather give my money to the attorney” or “I’ll make sure that you don’t get any of the money.”
Financial threats can make pursuing a divorce even more emotionally straining, but it is important to know that you have rights. If you choose a divorce attorney at The Carlson Law Firm, we will be with you every step of the way.
What are some things I could do if my spouse is threatening to cut me off financially?
If your spouse is threatening to cut you off financially during the divorce process, it is important to remember that you have power in the process. Don’t just watch your divorce process unfold, be an active member. Although you may be facing struggles, it is in your best interest to stay prepared for the possible bumpy road you may face. However, remember that we are here to help you throughout the process. Here are a few things we would suggest to help protect yourself the best way you could.
One thing to remember is regardless of what threats your spouse throws at, you at the end of the day the law controls the parties’ rights. For example, Texas is a community property state. This means that generally speaking, all property acquired during a marriage (unless by gift or inheritance) is considered community property or the joint property of both spouses. Undertaking what property is community property and what property may be the separate property of you or your spouse will help you better understand how assets are likely to be divided in the divorce. If you have a better understanding of your legal position, you’ll be in a more confident position.
Keep communicating with your divorce attorney and their team.
When you choose The Carlson Law Firm divorce attorney, you choose an attorney and team that can help you cope with your divorce. Whether you need legal advice or reassurance about a specific financial matter, The Carlson Law Firm family attorneys will have your back, especially for those times when your spouse starts making threats.
Distinguish what are credible threats
There will be times in which your spouse may throw rants here and there. However, it is important to remember that these rants are just rants. Your spouse may threaten you by saying something along the lines of “I will spend every dime.” Others will try to hide assets, bribe, cheat or do anything that they can do to cut their spouse off financially. However, it is important to stay vigilant and try to remain calm to think through things clearly. With the information you have gathered and the help of one of our attorneys, you can create a well-thought-out plan for your future. There are steps lawyers can take to prevent the spouse from transferring, removing, or otherwise disposing of assets, but you have to act quickly.
What if I need financial support during the divorce process and possibly after?
If you are cut off financially during a divorce, you have options. A qualified divorce attorney can help you determine which of the following types of support in Texas that you may seek. If you are going through a divorce and sometime after the divorce, talk to your lawyer about the following:
Temporary spousal support
Sometimes, when a divorce is pending, the judge may order that one spouse make temporary payments for the support of the other spouse. A judge can order temporary spousal support if the judge decides it is necessary and fair. If you want to ask for temporary spousal support, you can file a Motion for Temporary Orders and set a hearing.
A judge can order spousal maintenance, even if the parties don’t agree. However, the judge can only order spousal maintenance if the spouse requesting it will not have enough income or property after the divorce to provide for the spouses minimum reasonable needs and:
- If the other spouse has been convicted or received deferred adjudication for a family violence offense against the spouse or another family member within the two years of filing the divorce or while the divorce is pending;
- The marriage lasted for at least 10 years, and the spouse requesting the spousal maintenance doesn’t have sufficient property or income to provide for his or her reasonable needs;
- The spouse requesting the funds is unable to earn as much money to meet his other minimum reasonable needs due to a mental disability or incapacitating physical; or
- The spouse asking for spousal maintenance is unable to earn enough money to meet his or her minimum reasonable needs because the spouse is the primary caregiver of a disabled child of the marriage. The disabled child may be an adult.
Contractual alimony is support paid by one spouse by agreement to the other spouse following the divorce.
The preceding advice is for financial threats only. If you or your children are being physically threatened, you need to act immediately. Your priority in this situation is keeping yourself and your children safe. There are many resources available to individuals in domestic violence situations. Call 911 and seek immediate police intervention if it is an emergency.
Here at The Carlson Law Firm, we care.
If you are financially cut off during a divorce, let us help. Our divorce attorneys at The Carson Law Firm understand that a divorce isn’t an easy decision and process. Therefore, we know how important our role in your divorce is. If you are thinking about starting a divorce process, contact us today for a free consultation. We can answer your questions and help you out during this time. Here at The Carlson Law Firm, we care.