Dallas Divorce Law Blog
Are My Earnings My Own Once I File For Divorce in Dallas, Texas
Texas is a community property state which means that all assets and debts acquired during the marriage are presumed to be community property and thus divisible by the Court. There is no legal separation in Texas. This means that even after a person files for divorce in Texas, the assets and debts acquired after filing for divorce are community property and divisible by the Court at the time of a final trial.
Dallas, Texas has what is called a Standing Order. The Standing Order is in effect on all parties who file for divorce in Dallas, Texas. The Standing Order contains injunctions that remain in place on each spouse during the pendency of the divorce action. These injunctions regulate how you are to spend money during the pendency of the divorce. Specifically, the Dallas Standing Order enjoins a person from spending funds unless it is for reasonable and necessary expenses and attorney’s fees. The Standing Order becomes effective on the person filing for divorce once the divorce petition is filed with the Court and effective on the other spouse once that person is served with the divorce petition. The purpose of the Standing Order is to maintain the financial status quo during the pendency of the divorce.
Just because you have filed for divorce and/or are in the middle of the divorce process, your income is still community property. This means that your spouse’s income during the divorce is also community property. Any contributions to a spouse’s retirement accounts during the divorce process are community property. Any debts incurred during the divorce process are community property as well. However, the Standing Order is in place to minimize any debts incurred during the divorce process in order to protect the community estate.