When Health Issues for Your Spouse or Children Affect Property Division in a Divorce

As a community property state, Texas law presumes that generally all property a couple acquires during marriage belongs to the couple. This community property is subject to division during divorce proceedings. A family law court will divide the property as it deems "just and right", which, in most cases does not mean 50/50. The court will take into account a number of factors when making this division, including the health of your spouse and your children. If you expect health issues to a play a role in your divorce, a Houston property division lawyer can explain how these factors affect property division in a Texas divorce.

Divorce and Special Needs Children

Divorce is already a tumultuous time for a family. It may be even worse when a family has a special needs child or a child requiring extensive and ongoing medical treatment. Dealing with these concerns can be particularly stressful even while the marriage is intact. Statistics show that, for example, families with autistic children have divorce rates as high as 85%.

A divorce involving special needs children is going to affect how a Texas family law court divides property in a "just and right" manner. The amount of child support awarded to the custodial parent is likely to be higher. Unfortunately, many child support calculations fall short in this regard. They may not take into account the true costs of raising a special needs child. Costs may include items such as frequent therapy, medications, and special schooling. Sometimes it can be difficult to convince the non-custodial spouse and court of the true costs of raising a special needs child.

Additionally, the non-custodial parent will likely have to pay child support beyond when the special needs child becomes an adult at age 18. This is usually the point where child support obligations stop but, with special needs children, child support may need to continue indefinitely. A Houston divorce lawyer can assist you in understanding how a divorce will affect raising children with special needs.

Divorce and Spouses with Health Concerns

As with special needs children, if one of the spouses in a divorce has health concerns, this may impact how a court divides property in a "just and right" manner. For example, a spouse who has sacrificed a career during a long marriage but now faces high medical bills may be able to have a court award spousal support to take into account the medical bills. If an ex-spouse is stricken with a serious illness following the divorce, he or she may be able to seek modification of spousal support to reflect the worsening financial situation.

Whether dealing with special needs children or medical concerns for you or your children, it is important to review your situation with an experienced attorney when entering into divorce proceedings. The other side and his or her attorney will seek to limit the amount that he or she must pay, so you must put forth as convincing a case as possible. Contact a Houston property division attorney at John K. Grubb & Associates, PC to learn how special circumstances affect property division in a Texas divorce.