Sep 04
In my last blog, Understanding Stock and Restricted Stock Options, we explained stock options and restricted stock options as employee benefits. If you have received one of these benefits from your company, you need to consider what will happen to them now that you are filing for a divorce. Another similar factor to consider are restricted stock units (RSU). If you have restricted stock units, you need to know how they work as well as what will happen to them in your divorce. What are Restr...
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Military Retirement Military retirement benefits (the Uniformed Service Retirement System), may be divided in a Texas divorce. Military retirement plans also do not have to comply with ERISA. (more…)
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Texas spousal maintenance laws pose substantial challenges for those seeking awards of periodic payments following a divorce. If granted, awards are generally modest and short-term. Payments function to support a former spouse's “minimum general needs,” not to exceed $5000 per month or 25% of the owing party’s gross annual income. How Will a Court Decide the Amount of an Award? Courts consider several factors when determining whether to award spousal maintenance, including: Le...
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Has Your Spouse Financially Cheated You? It is not unheard of a spouse being inclined to make transactions that favor themselves and harm their spouse in the midst of a divorce. For example, one might choose to pay off old debts, transfer money to a relative, or spend community funds on a paramour. If this has happened to you, there are several ways an experienced lawyer can attempt to recover those funds. Texas law is designed to correct any depletion of community assets arising from the w...
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The Basics of Texas Marital Property Law and Retirement Dividing retirement accounts in a divorce can be complicated. If you want to protect your retirement or believe you are entitled to some of your spouse’s plan, understanding the details of your case and how the law handles questions of ownership is essential. Texas is a community property state. This means that all property divided in a divorce is presumed to fall under the characterization of ‘community property.�...
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