Hello, I'm currently going through a divorice in the state of Texas with my husband. We have been married for seven years. Over the span of our marriage he has been employed up until about a year ago. I filed for divorce from him for several reasons. The main reason being that he has not been paying his due amount in federal taxes since almost the beginning of the marriage. Under federal law I have been required to pay the taxes out of my own earnings. He has also been unemployed for the past year after being laid off and has not done much to find new work. He seems to be waiting for work to find him. This marriage is basically financially crippling me, and my attorney and family have been advising me to get out now. I was hoping that the two of us could go our own ways with as little ugliness as possible. I let him keep our house, which I am currently having to give him money to make payments on since he is unemployed, in addition to paying rent at the apartment I am currently staying at. He will also get half of my 401K that I have spent years building and to top it all off, my attorney tells me he will be demanding spousal support as well. I don't know how I can afford to pay him spousal support because all the income I have is used up between what I already pay for to help this grown man get by in life, in addition to my own living expenses.
I have been reading Texas state laws regarding spousal support but I do have a few questions:
If we have been married less than 10 years will i still be required to pay temporary spousal support?
I'm afraid also that my husband will try to use his health condition against me as he has a chronic heart condition. It does not affect his ability to get by in life, or work for that matter, but I'm afraid he will play it up in court to try to get more money. Will the court disregard this since I will be able to prove that he is a heavy smoker and constant drinker?
Also, will the issue of his tax evasion be something I can use legitimately in court to try to keep from paying him anymore than I already am?
What factor will his age play in determining eligibility and amount of temporary spousal support? He is 61 and eligible for Social Security next year. Hopefully this will work in my favor, but will the court see his age as a obstacle in him finding work?
Thanks very much for any advice offered.. I just want this ordeal to be over with with as little pain as possible, this is one of the worst things I've ever had to deal with.