Texas Spousal Support/Divorce

[DJG7879]

What is the name of your state (only U.S. law)? Texas. Leaving marriage after 3 years. I had bad credit, so wife bought (3 months prior to marriage) the house, and all furnishings. Our credit card debt since marriage is about $8000. Cards are in her name, but I have been a registered purchaser also. We have both worked full-time throughout marriage and contributed equally. Since all items were purchased (and remain) in her name, I told her that I would take nothing except my clothes, and she could keep the house and all furnishings. I agreed to split cost of credit card debt. However, she states that she is entitled to seek spousal support because she will still have a house payment & expenses and she makes less money than I do. (She makes about $5000 less annually.) I feel that since I am not asking for half of the house ownership, she is getting all the equity. She says that since she bought them before the wedding, I'm not entitled to any of that anyway, but that I am responsible for supporting her, and that I need to continue to pay half of the household expenses. This does not seem fair - I'll have nothing to show for my contributions, but in the end, she has a house and furniture. How will a judge view this?

[Bali Hai]

Originally Posted by DJG7879

What is the name of your state (only U.S. law)? Texas. Leaving marriage after 3 years. I had bad credit, so wife bought (3 months prior to marriage) the house, and all furnishings. Our credit card debt since marriage is about $8000. Cards are in her name, but I have been a registered purchaser also. We have both worked full-time throughout marriage and contributed equally. Since all items were purchased (and remain) in her name, I told her that I would take nothing except my clothes, and she could keep the house and all furnishings. I agreed to split cost of credit card debt. However, she states that she is entitled to seek spousal support because she will still have a house payment & expenses and she makes less money than I do. (She makes about $5000 less annually.) I feel that since I am not asking for half of the house ownership, she is getting all the equity. She says that since she bought them before the wedding, I'm not entitled to any of that anyway, but that I am responsible for supporting her, and that I need to continue to pay half of the household expenses. This does not seem fair - I'll have nothing to show for my contributions, but in the end, she has a house and furniture. How will a judge view this?

A Texas judge will probably view this the same as I do.

She is entitled to seek spousal support, but there is no way in hell she's going to get it.

[LdiJ]

Originally Posted by DJG7879

What is the name of your state (only U.S. law)? Texas. Leaving marriage after 3 years. I had bad credit, so wife bought (3 months prior to marriage) the house, and all furnishings. Our credit card debt since marriage is about $8000. Cards are in her name, but I have been a registered purchaser also. We have both worked full-time throughout marriage and contributed equally. Since all items were purchased (and remain) in her name, I told her that I would take nothing except my clothes, and she could keep the house and all furnishings. I agreed to split cost of credit card debt. However, she states that she is entitled to seek spousal support because she will still have a house payment & expenses and she makes less money than I do. (She makes about $5000 less annually.) I feel that since I am not asking for half of the house ownership, she is getting all the equity. She says that since she bought them before the wedding, I'm not entitled to any of that anyway, but that I am responsible for supporting her, and that I need to continue to pay half of the household expenses. This does not seem fair - I'll have nothing to show for my contributions, but in the end, she has a house and furniture. How will a judge view this?

Spousal support is pretty rare in TX, and I cannot imagine a judge awarding it to anyone after only a 3 year marriage...particularly with only a 5k differential in income.

[Bali Hai]

Originally Posted by LdiJ

Spousal support is pretty rare in TX, and I cannot imagine a judge awarding it to anyone after only a 3 year marriage...particularly with only a 5k differential in income.

Along with an almost non-existant income disparity, you forgot to mention that he is giving her all marital assets and is assuming half the marital debt.

Talk about someone looking the gift horse in the mouth! What is it with these women??

[LdiJ]

Originally Posted by Bali Hai

Along with an almost non-existant income disparity, you forgot to mention that he is giving her all marital assets and is assuming half the marital debt.

Talk about someone looking the gift horse in the mouth! What is it with these women??

I suspect that the home doesn't have any significant equity. It was purchased a little over 3 years ago. The furniture wouldn't have a ton of value either at this point. So, while its generous of him to do that, it really may not be quite as generous as it sounds.

However...alimony after only a 3 year marriage makes absolutely no sense, particularly with such a small income disparity.

[Bali Hai]

Originally Posted by LdiJ

I suspect that the home doesn't have any significant equity. It was purchased a little over 3 years ago. The furniture wouldn't have a ton of value either at this point. So, while its generous of him to do that, it really may not be quite as generous as it sounds.

However...alimony after only a 3 year marriage makes absolutely no sense, particularly with such a small income disparity.

What OP really needs to do is demand half of all marital assets and let his unappreciative stbx sell the house and make eat her words...

"She says that I am responsible for supporting her, and that I need to continue to pay half of the household expenses".

[Ronin]

In Texas spousal support is only a sure bet if the marriage was over ten years and one spouse was a homemaker and not gainfully employed. With few exceptions, it is a sure bet any such spousal support would never go beyond three years.

Since the wife purchased the home on her own prior to the marriage, the only financial interest you have in the house is whatever equity was gained (or lost) since the date of the marriage three years ago. Any equity she had prior to that is hers. Given the current market conditions, most likely the home lost some value during that time.

Any furniture she brought into the marriage is also hers, unless payments were jointly made on these while you were married. The reality is it is very likely that in your three year marriage the marital debts probably exceed the marital assets.