If I do not want to give my husband 50% of salaries that I got after divorce petition filing, at what point should I raise that in court? .

My husband and I are going through divorce. Before filing for divorce, my husband left his job and joined MBA school. We are living separately since the last 6 months. I am still earning. No children involved. He is delaying the divorce by taking unreasonable time on interrogatories. Now he is demanding 50 % of my salaries that I earned after divorce petition was filed and we started living separately. What point should I put before judge so that I do not have to give him 50% of my salaries?

Asked on July 19, 2012 under Family Law, Texas


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you live in  a community property state, community property is property acquired during marriage.  Community property also includes income during marriage.  Each spouse has a one half interest in the community property.

Separate property is property acquired before marriage or after the marriage ends.  Separate property also includes income before marriage or after the marriage ends.  A spouse has no claim to the other spouse's separate property.

You can argue that your spouse has no claim to your income after divorce or after separation with no intent to reunite because that income is your separate property.  You can raise this issue in response to pleadings (documents) filed by your husband with the court or if your husband raises this issue in front of the judge, that would also be  a good time to present your argument that the income is your separate property because it occurred after separation with no intent to reunite and therefore your husband has no claim.




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