Maintaining Financial Stability During Your Divorce

Divorce does not stop the bills from being due. Mortgage payments, insurance premiums, and everyday expenses continue while a case is pending, which is why Texas courts have several tools designed to help maintain financial stability until a case is resolved.

Understanding Community Property

Texas is a community property state, which means that, with few exceptions, property acquired during the marriage is jointly owned by both spouses. This can include real estate, vehicles, bank and retirement accounts, insurance policies, and other assets connected to the marriage. At the conclusion of a divorce, community property is divided in a manner that is “just and right,” which does not always mean an even 50/50 split. In the meantime, while the case is pending, courts rely on standing and temporary orders to help protect both spouses financially.

How Standing Orders Help Protect Both Spouses

Standing orders aim to maintain the status quo of each party’s everyday affairs and set ground rules for what spouses can and cannot do while a case is pending. In many Texas counties, a standing order automatically applies as soon as a family law case is filed, functioning similarly to a temporary restraining order but without either spouse needing to request it.

Standing orders typically cover a wide range of issues, including children, each party’s behavior, and property, such as finances, real estate, insurance policies, and business records. Among other things, they generally prevent a child from being removed from the state without written agreement or a court order, and they set a baseline of respectful behavior between the parties.

As it relates to community property and finances, standing orders typically prohibit one spouse from trying to financially disadvantage the other by hiding or destroying property, interfering with finances, or cancelling or altering insurance coverage. Violating a standing order can result in a finding of contempt of court. Together, these orders work to protect both spouses and preserve the everyday status quo throughout the divorce process.

Spousal Support During a Pending Case

In some situations, a court may award spousal support during the pendency of a case as a means of helping one spouse manage their everyday expenses. Eligibility depends heavily on factors such as minimum reasonable needs, the length of the marriage, disability, family violence, and each spouse’s ability to earn sufficient income, and spousal support is not automatically awarded in every case. Because the requirements are relatively strict, it is worth discussing your specific situation with an attorney rather than assuming support will or will not apply.

Practical Steps to Protect Your Financial Stability

Keep clear records of income, expenses, debts, and assets so you have an accurate financial picture as the case moves forward.
Avoid making major financial decisions, like large purchases or account changes, without first talking with your attorney.
Understand what your local standing order requires before taking action involving shared property, accounts, or insurance.
Reach out to your attorney promptly if you believe the other spouse may be violating a standing order or otherwise attempting to disadvantage you financially.

Divorce can bring real financial uncertainty, but Texas courts have tools in place to help protect both spouses while a case is pending.

Contact Our Experienced Texas Family Law Firm For Help Today

Whether you’re facing a divorce, child custody dispute, or another family law matter in Texas, the trusted family law attorneys at Skillern Firm Divorce & Child Custody Lawyers are here to help. Contact us today to schedule a consultation and discuss your legal options.

We proudly serve Harris County, Fort Bend County, Montgomery County, Waller County, and the surrounding areas.