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TX divorce lawyerDuring a divorce, spouses are required to disclose detailed information about their income, assets, and debts. This ensures that both parties are able to make informed decisions during the property division process and that any settlement or court order incorporates accurate information about all known financial factors. While many divorcing spouses are careful to provide accurate and detailed financial records to each other, it is also not uncommon for one spouse to attempt to lie about assets or debts in an effort to retain the entire interest in an asset or to force a spouse to pay more than his or her fair share of a debt. This type of conduct is strictly prohibited under state law, so if you believe that your spouse is attempting to hide assets or liabilities, it is important to contact an experienced high asset divorce attorney who can ensure that your interests are protected.

Improper Disclosures

Disclosing all of one’s assets, interests, and liabilities is a complicated process, so there are actually a number of ways that a spouse can avoid telling the truth about his or her financial situation. In many cases, this involves failing to list certain assets on necessary disclosure forms or assigning improper values to property or debts. Alternatively, a party could fail to come clean about when and how he or she acquired an asset or could hide documentation that would reveal the truth about property values or ownership. In other cases, one spouse misrepresents how much the other contributes to the household, lies about how joint funds are used, or even unfairly accuses the other of stealing funds. In either case, this kind of behavior is unlawful in Texas, so spouses that are discovered violating disclosure rules could be held in contempt of court, or lose their interest in certain property.

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TX divorce lawyerWhile there are a number of benefits to going into business with other partners, there are also a few drawbacks. For instance, if one partner’s marriage ends, the interests of any other business partners could also be at risk. This is because Texas law requires all divorcing couples to divide their marital property, which includes business assets, equitably. When this happens, the business partner’s ex-spouse could become a shareholder in the business as well, which means that he or she could have a say in how the company operates. Fortunately, there are ways to prevent this type of division, so if you have ownership in a business and are dissolving your marriage, or one of your business partners has filed for divorce, please contact our high asset divorce legal team to learn more about your options.

How to Protect Your Business Interests During Divorce

A business partner’s divorce can have important implications for the ownership interests of other partners and shareholders, so it is important for those who own an interest in a business to take certain steps to prevent disruption. For instance, including a contingency for divorce in a business’ ownership, partnership, or shareholder agreement is one of the best ways to protect a business in the event of divorce. These provisions can require a partner’s ex-spouse to sell a business interest that he or she was awarded in any property division settlements following divorce, back to the company itself. It’s important to note that when drafting this type of provision, the parties should ensure that it contains specific terms and conditions for valuing and purchasing the shares. Failing to take these precautions can have serious repercussions down the road, leading to complicated and expensive litigation, which can put a company at risk.

It’s also a good idea to have the spouses of all partners agree to the divorce contingency in writing before any marital discord actually arises, which can help bolster the enforceability of the contract in the event of divorce. Finally, many business partners are strongly encouraged to enter into a prenuptial agreement before getting married, in which, they can specify that business interests remain separate property, even in the event of divorce. Separate property, unlike marital property, remains in the sole possession of the original owner, unless it becomes commingled with marital assets to a significant degree.

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TX divorce lawyerCouples who live in Texas and have unique or diverse assets and are considering divorce may want to consider filing by the end of 2018, as new federal tax laws that affect alimony payments are set to go into effect next year. To learn more about filing for divorce and the effect that the new tax law could have on your own case, please contact one of our dedicated Cedar Park high asset divorce attorneys for assistance.

Current Law

Under current federal law, those who pay alimony to ex-spouses can deduct those payments when calculating their taxable income. Similarly, alimony recipients must include spousal maintenance payments when calculating their income. This has proven to be extremely helpful to taxpayers who are being taxed at a high rate based on their income. In fact, the IRS estimates that as many as 600,000 people take advantage of this deduction. However, next year, this option will no longer be available.

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Texas divorce lawyerAlthough filing for divorce is a stressful time, it is still important that those who have decided to dissolve their marriage take certain initial steps. For instance, the parties involved will still need to pay household expenses, care for children, and perhaps relocate. Failing to address these issues early on can add more tension to an already stressful situation, which is why Texas family courts are often asked to step in and issue temporary orders before any actual divorce proceedings take place. For help representing your own interests in a petition regarding temporary divorce orders, please contact one of our experienced Georgetown high asset divorce attorneys for advice.

The Importance of Temporary Orders

When a couple decides to get divorced, it is often in their best interest to request a hearing for temporary orders. As their name suggests, these types of orders aren’t necessarily the ones that will remain in place when a divorce is finalized. Instead, their purpose is to provide a quick resolution to important issues until divorce proceedings actually begin. In high asset divorce cases, these orders are especially important because they could have a significant bearing on a series of critical issues, including:

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Texas divorce lawyerAlthough many couples who file for divorce anticipate conflicts regarding custody or possession of a home, financial problems still catch a significant number of people off guard. Going into divorce proceedings with an understanding of the financial impact that dissolving a marriage will have is crucial, so if you are considering filing for divorce, it is important to consult with an experienced high asset divorce attorney who can walk you through your next steps.

Protecting Your Credit

There are a number of steps that divorcing couples can take to help mitigate certain types of financial problems that they might otherwise face down the road. For instance, protecting one’s credit is an important measure that is often overlooked by divorcing couples. This includes canceling any joint credit cards held in a soon to be ex-spouse’s name, which helps ensure that one party’s credit does not remain tied to the other’s spending habits. This is also a good way to start building a good credit score under your own name.

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The Law Offices of William D. Powers

8911 N. Capital of Texas Highway, Building 2, Suite 2105, Austin, TX 78759