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How much money do I have to give my wife while we are separated? (Texas)

Dallas, TX |

We recently separated due to her infidelity, and she is living in our house with our 1 child and her jobless, disabled mother. I am staying with friends for now. We have been married 5 years and she has no job. She is capable of working but decided to be a stay at home mom a few years ago. I plan to file for divorce, but until then, what do I legally have to provide for her? I read somewhere that I have to give her half of my income after bills. Is this correct?

We are not legally separated - just living separately until we file for divorce.

Attorney Answers 3

Posted

That is not correct. You don't have to give her anything until a court order is in place awarding her support. However, a judge has some discretion in awarding temporary spousal support and not providing for her now (and letting the bills pile up) may come back to bite you in the future.

I would strongly suggest consulting a local attorney to discuss your options.

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Howard M Lewis

Howard M Lewis

Posted

Outstanding counsel!

Asker

Posted

Thanks for the great answer! Is there any way to get her and her mother out of the house without looking terrible the court? We purchased the home while married, and I would really like to live there.

Mark Anthony Cohan

Mark Anthony Cohan

Posted

That's going to be tough as at the moment, she has the same rights to it you do. Unless she leaves willingly, it's going to take a court order to get her out and since she owns it too, you can't evict her. Since you left, it's going to be tough to establish that you should be the one to live there (at least in the short term). That could change over the course of a divorce, however.

Posted

I am sorry that you are going through this. Attorney Cohan gave you outstanding advice. Unless and until there is a court order you don't have to provide anything, although if you do not help you may not look very nice to the court. The issue is really your child and what is in the child's best interest, please make sure that your child is well fed, cared for and healthy, that is paramount and I am sure surpasses all other issues in your life. Take care and please don't forget to remember Veterans Day this upcoming Monday, it is a very important date. I hope things work out for your family.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

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Posted

Ultimately, the Court will order you to pay support for your child--in Texas--if you have just the one child, 20% of your net resources. You will be required to have some health care coverage for the child--if you have it through your employer at a reasonable cost, then make sure the child is covered. I say that with a caveat, you have a duty in Texas to provide your spouse with necessaries. If she were to have a health issues while you two are married, you could be held responsible for the bill. If you are obligated on the mortgage, is it worth the risk to ruin your credit?

There are so many issues here that are worthy of a consultation with an attorney. Depending on your earnings , resources, and income, the Court may order temporary payment of certain expenses "as interim spousal support." The Court may limit the period of time for which you are responsible for interim support. Your inquiry, while it appears to be general in nature, cannot be specifically answered in this forum. Additionally, there is a wide spectrum of possible results. Please call an attorney to discuss your legal obligations and rights.

This response in general in nature and not specific to any facts in your case. This response to this general question does not establish or an attorney-client relationship between the person making the inquuiry or the attorney responding to the inquiry.

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Howard M Lewis

Howard M Lewis

Posted

great counsel.

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