Divorce hits everyone hard, but if you are a stay-at-home mom, the uncertainty involved can be terrifying. Staying at home generally means putting your own career on hold to care for your children and keep the home fires burning – while your spouse is likely out there growing their career and increasing their earning power.
A divorce can leave you wondering what you’ll do to support yourself and your children moving forward, what your chances are of protecting your child custody rights with no income coming in, and plenty more.
If this is the difficult position you find yourself in, there’s no need to panic, an experienced Round Rock divorce attorney is well prepared to protect your rights and to fiercely advocate for favorable terms that work for you and your children.
Texas Is a Community Property State, which Can Work to Your Advantage
Texas is a community property state when it comes to property division. This generally means that everything either spouse or both spouses jointly owned while they were married belongs to both of them equally and will be divided between them evenly upon divorce.
Texas, however, is a community property state with a twist. In a Texas divorce, the marital assets must be divided between the spouses in a just and right manner, which means fairly when a wide range of considerations are factored in.
In other words, the State of Texas will carefully consider your unique circumstances with respect to property division. Further, the fact that you are a stay-at-home mom will factor into how your marital assets – or their corresponding value – will be divided between you.
Factors that Can Make a Significant Difference
The kinds of factors that Texas courts pay careful attention to when splitting community property in divorce include all the following:
Each spouse’s contributions to the marital estate, which include homemaking and caring for the children
Each spouse’s earning power and the disparity between the two
The size of the marital estate
The matter of fault, which can potentially have an impact even in no-fault cases
Each spouse’s age and overall mental and physical health
Each spouse’s job and business opportunities in the current market
Many of these factors speak directly to your role as a stay-at-home mother, and your practiced Round Rock divorce lawyer will leave no stone unturned in their focused efforts to ensure that you receive a just division of marital property that bolsters your financial independence on your journey forward.
Separate Assets
Assets that either of you owned prior to marriage and kept separate while you were married remain the sole property of the original owner, but there are some complications that can apply. The amount that a separate asset grew in value during the years of your marriage is treated as marital property, which means it will need to be divided between you fairly upon divorce.
For example, if your spouse had a retirement account in place prior to your marriage, the value up to the point of your marriage is their separate asset. The amount that this asset increased in value during your marriage, however, is community property that belongs to both of you.
This is an example of an asset that is both separate and marital, which is something you shouldn’t lose sight of.
Another point that needs to be made in relation to separate property is that Texas courts presume all the assets a divorcing couple has are community property. This means that, if either of you claims an asset belongs to you alone, that spouse will need to prove its separate nature.
Your Child Custody Arrangements
Many stay-at-home moms are terrified that their lack of income will convince the court to make the children’s other parent the primary custodial parent – thus relegating their own parenting time to a few paltry weekends a month and an evening or two a week. This is not, however, the way that the State of Texas addresses this critical concern.
Best Interest Factors
Texas is driven by the best interests of the involved children when it comes to child custody, and this includes taking best interest factors like the following into careful consideration:
Each child’s age and developmental stage – the younger the child, the more likely it is that the nursing mother will need to take on the primary custodial role
Each child’s needs, including any special needs, and each parent’s commitment and ability to effectively meet them
The degree to which each spouse has participated in raising the children to date
The depth of the relationship each parent has forged with the children
The degree to which each parent is invested in effective co-parenting with the other and in supporting the other’s close and ongoing relationships with the children
Texas courts consider every case in relation to the unique circumstances that apply, and they have the discretion to consider whatever factors they deem relevant – even when they’re not part of the established list of best interest terms.
Because custody decisions can be complex and highly case-specific, working with an experienced Round Rock divorce attorney who understands how local courts approach these matters can make all the difference.
Preserving the Status Quo
The status quo that’s been established in the children’s lives also factors into Texas child custody determinations. This refers to how well the children’s current living situation serves their needs, including in relation to their home, their school, and their community.
Many of the best interest factors that Texas turns to, including the status quo, tend to support the stay-at-home mother’s position. This can work to your advantage when it comes to securing the primary custodial role or establishing an equal division of parenting time.
An important point to keep in mind is that Texas courts recognize just how hard divorce is on children, and they do what they can to mitigate the pain experienced.
This often translates to preserving the status quo, which means that – as a stay-at-home mom who does the lion’s share of the parenting and has a starring role in your children’s day-to-day lives – you are in a good position to seek very generous child custody terms.
Child Support
Both parents are required to support their children financially post-divorce, and this requirement is calculated according to their ability to do so. This means that – even if you and your ex divide your parenting time right evenly – they will likely have the child support obligation. This is based on the fact that you are a stay-at-home mom while your spouse is your family’s breadwinner.
Child support in Texas is generally calculated as a percentage of the paying parent’s net income and is based on the number of children addressed by the order. The basics include the following:
20 percent of net income for 1 child
25 percent of net income for 2 children
30 percent of net income for 3 children
35 percent of net income for 4 children
40 percent of net income for 5 children
At least 40 percent of net income for 6 or more children
Alimony
Alimony in Texas is called spousal maintenance, and it’s only ordered in those cases that leave one spouse unable to cover their own reasonable needs while the other has the financial ability to make alimony payments.
While alimony is by no means a sure thing, it becomes more likely under certain circumstances, and the fact that you stayed home with your children, which – in effect – supported your spouse’s career and earning potential, is potentially such a circumstance.
Factors Considered
The factors that Texas courts consider in alimony determinations include all the following:
The length of the marriage
The size of the marital estate
The size of each spouse’s separate estate
Each spouse’s income, earning potential, and job prospects
The degree to which either spouse helped the other improve their earning potential, such as when one parent stays home with the children while the other addresses their career
The standard of living achieved during the marriage
Again, the fact that you stayed home with your children could support your case for alimony in Texas. Given the complexities of alimony determinations, consulting with a seasoned Round Rock divorce attorney can help you understand your rights and fight for the financial support you deserve.
What’s Expected of You
If you are awarded alimony in Texas, you’ll be expected to take the steps necessary to become more financially independent. This generally means seeking further education, job training, or job skills. Further, alimony is usually only available after a marriage that lasted at least 10 years.
Alimony Basics
The amount of alimony paid in Texas depends on the situation at hand, but it is capped at $5,000 or 20 percent of the paying spouse’s gross income – whichever is less. How long the alimony payment will continue is based on the duration of the marriage, and the basics include the following:
For a marriage that lasted from 10 to 20 years, alimony can last up to 5 years.
For a marriage that lasted from 20 to 30 years, alimony can last up to 7 years.
For a marriage that lasted more than 30 years, alimony can last up to 10 years.
Key Takeaways
There are several important points to keep in mind if you’re a stay-at-home mom who is facing divorce, including the following:
Texas is a community property state, and there are protections built in to help you—as a mom who stayed home with your children—obtain a fair division of marital property.
Texas courts pay careful attention to how close each parent’s emotional bond is with the children and the degree to which each parent has participated in raising them to date. As a stay-at-home mother, this can work to your advantage in terms of your child custody arrangements.
Even if you and your ex divide your time with the kids evenly, you can expect them – as the higher earner – to make the child support payments.
While Texas has some of the most restrictive alimony laws in the nation, stay-at-home mothers are more likely to qualify than many working mothers are. To qualify, however, your marriage must have lasted at least 10 years.
You need the trusted legal guidance of a diligent Round Rock divorce attorney in your corner to help skillfully protect your parental and financial rights throughout the divorce process.
FAQ
If you’re a stay-at-home mom who is going through a divorce, the answers to some of the most frequently asked questions by others in your situation may also help you.
Will I be at a disadvantage when it comes to child custody?
No, you’re probably not at a disadvantage when it comes to child custody in a Texas divorce. In fact, Texas courts give factors like serving in the primary custodial role considerable weight when it comes to child custody determinations.
What is the most important step I can take to protect my rights in divorce?
The most important step anyone who is facing a divorce can take is consulting with a capable divorce lawyer early in the process. Your compassionate attorney will spare no effort in their quest to guide you seamlessly through the divorce process with your parental and financial rights intact.
An Experienced Round Rock Divorce Lawyer Is Standing By to Help
Brett Pritchard at The Law Office of Brett H. Pritchard is a knowledgeable Round Rock divorce attorney with a wealth of experience helping stay-at-home moms like you obtain fair divorce terms that honor their commitment to raising their children.
We are on your side and here to help, so please don’t wait to contact or call us at 254-781-4222 and schedule a free consultation today.