Legal Question in Family Law in Texas

My husband and I have been seperated for a year. Seperation is due infidelity and abandoment. If he is about to be awarded any type of settlment am i entitled to any of it?


Asked on 4/04/11, 2:14 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Sounds like you are still legally married in Texas.

Texas does not recognize legal separation, at this time.

I don't know what sort of settlement he is receiving.

You could be entitled to it, unless it is his SEPARATE PROPERTY.

His attorney and/or CPA should be able to tell him (or you) how this settlement is categoried for legal and tax purposes.

Be aware that if he receives the money and spends it, then it is gone. If you then file for divorce, the judge cannot award you money that has been spent and is no longer exists.

Therefore, if you want any hope of ever seeing any penny of this money, you need to immediately file for divorce and ask for temporary orders that include orders for him not to spend any funds until further order of the court. You need to be in the office of an experienced family law attorney immediately in order to get the paperwork filed at the courthouse immediately!

Read more
Answered on 4/05/11, 6:32 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Texas