Question

  03/24/12, 2:02 pm
I live in Texas and am getting married soon. I will graduate this year from medical school and become a radiologist. My future wife does not and will not work and has only a high school background. I am looking into how to best protect myself in the future or if I should even get married or just seek a cohabitation agreement. What legal options are there that would be in the best interest for me?
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United States   |   Texas  |  Divorce Law
Cost: Free

Answer

Sarahjane "SJ" Davidson Swanson Says:

Apr 04,2012 8:09 PM

Community property laws in Texas hold that all income earned during a marriage by either spouse is community property, so all of your earnings will be community property. Same for her if she earns anything. There's no special break for radiologists vs. uneducated housewives. In divorce, the community estate is to be split in a "just & right division" - there's no specific legal definition of that, but it generally starts off 50/50 unless there's some reason it ought to be more to one spouse (such as some bad act or fraud on the community like someone tried to funnel assets off from the community to support a girlfriend, etc.). Hard to say what is really in your best interest - some people only care about money and some care about being married to someone. If you only care about keeping all of "your" money, maybe you shouldn't get married, and make a very clear "cohabitation agreement" - whatever you think that should say, and see if she will agree to it. These types of agreements are enforceable, but you should certainly hire an attorney to assist you with preparing same. I could help you with this and am located in Houston - you can contact my office for an appointment.


Sarahjane "SJ" Davidson Swanson
Swanson Law Firm, PLLC
5151 San Felipe St Ste 1950,Houston, TX 77056
713-881-9742
http://www.swansonpllc.com

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