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Texas Divorce: What isn’t Reimbursable?

Posted on | September 25, 2011 | No Comments

Texas Divorce: What isn’t Reimbursable?

Some people going through a divorce are looking for payback.  Others just want to be literally paid back for money that’s been spent during the marriage.  The Texas Family Code section 3.409 has specific provisions that spell out what kinds of payments are NOT reimbursable:

  1. Child support or alimony/spousal maintenance.  If you’ve been helping your spouse pay child support for his kids from a previous marriage for years, or worse, helping him pay alimony to his ex– sorry, no reimbursement.
  2. Living expenses for your spouse.  I hear this from the guys on a regular basis: “But she’s never paid a single bill for our whole marriage!”  Those living expenses are not reimbursable.
  3. Contributing property of nominal value.  All the pots and pans in the kitchen were yours from college? Or maybe all the decorative knickknacks?  Your spouse will not have to buy you out of those.
  4. Payment of a liability of a nominal value.  After you got married, you paid off all her old parking tickets for her.  Or, maybe he had a credit card that you paid off for him.  As long as that debt was pretty small, that’s going to have to be a payment you made out of the goodness of your heart.
  5. Student loans of a spouse.  A personal example:  This blogger is an attorney, as is her husband. When he and I got married he had student loans from law school in the amount of a large home mortgage. Nearly all the payments on those loans have been made from joint funds during our marriage.  If, God forbid, we ever split up, I don’t get any pay back for my contribution to paying for his law degree. Of course, he doesn’t get any credit for paying off MY loans either…

If you’d like more information about what you CAN be reimbursed for in a divorce, or just need assistance with your family law case, The Wright Firm is here to help!  Give us a call at (972) 353-4600 or check us out on the web at www.thewrightlawyers.com.

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