White Oak, TX Divorce Law Firms & Lawyers

To begin, Texas is a community property state, which means that, absent special circumstances--including but not limited to such things as (a) the disability of one spouse (b) a significant difference in the income and/or earning ability of the spouses, the relative ages of the spouses--the court is supposed to divide the net community estate (total community assets minus all community debts) essentially equally.  Your disability is an important factor weighing in favor of you receiving a greater than 50% share of the net community property, but the fact that your husband is older and and soon retiring weighs in the other direcrtion. Ther's certinaly a possibility that you could end up with the home, as long as you are able to keep up on the mortgage payments, but the court may require you to pay your husband all or part of his 50%  share of the accumulated equity in it, assuming it has positive equity.  If you are awarded the home, you will almost certainly also be required to refinance all loans secured by the home (i.e., mortgages , Home equity lines of credit.)  or otherwise remove your husband from all loans secured by the home.   You may also be entitled to spousal support (alimony), depending upon whether your husband has disposable income left after meeting his own reasonable living expenses (usually measured on a monthly basis).  If not, a court could decide instead to award you more of net community estate than is awarded your husband, which could be accomplished by reducing any amount you would otherwise owe your husband as his share of the equity in the home. Generally speaking, each spouse in a community property state is a 50% owner of the funds that have accumulated during the marriage in one spouse's 401(k) , IRA, or other similar retirement accounts.   You've got enough property issues that it would be to your benefit to consult an attorney so that he/she could obtain more specific information from you in order to give you a better idea of what type of divorce decision you might expect from the court.    

In Utah, it is *possible* (though not guaranteed) to be awarded alimony even if you are the one who left her spouse and/or filed for divorce. The law governing the criteria for awarding divorce is, in a nutshell (See this excerpt from Utah Code Section 30-3-5, especially subsections 8): (8) (a) The court shall consider at least the following factors in determining alimony: (i) the financial condition and needs of the recipient spouse; (ii) the recipient's earning capacity or ability to produce income; (iii) the ability of the payor spouse to provide support; (iv) the length of the marriage; (v) whether the recipient spouse has custody of minor children requiring support; (vi) whether the recipient spouse worked in a business owned or operated by the payor spouse; and (vii) whether the recipient spouse directly contributed to any increase in the payor spouse's skill by paying for education received by the payor spouse or enabling the payor spouse to attend school during the marriage. (b) The court may consider the fault of the parties in determining whether to award alimony and the terms thereof. (c) "Fault" means any of the following wrongful conduct during the marriage that substantially contributed to the breakup of the marriage relationship: (i) engaging in sexual relations with a person other than the party's spouse; (ii) knowingly and intentionally causing or attempting to cause physical harm to the other party or minor children; (iii) knowingly and intentionally causing the other party or minor children to reasonably fear life-threatening harm; or (iv) substantially undermining the financial stability of the other party or the minor children. (d) The court may, when fault is at issue, close the proceedings and seal the court records. (e) As a general rule, the court should look to the standard of living, existing at the time of separation, in determining alimony in accordance with Subsection (8)(a). However, the court shall consider all relevant facts and equitable principles and may, in its discretion, base alimony on the standard of living that existed at the time of trial. In marriages of short duration, when no children have been conceived or born during the marriage, the court may consider the standard of living that existed at the time of the marriage. (f) The court may, under appropriate circumstances, attempt to equalize the parties' respective standards of living. (g) When a marriage of long duration dissolves on the threshold of a major change in the income of one of the spouses due to the collective efforts of both, that change shall be considered in dividing the marital property and in determining the amount of alimony. If one spouse's earning capacity has been greatly enhanced through the efforts of both spouses during the marriage, the court may make a compensating adjustment in dividing the marital property and awarding alimony. (h) In determining alimony when a marriage of short duration dissolves, and no children have been conceived or born during the marriage, the court may consider restoring each party to the condition which existed at the time of the marriage. (i) (i) The court has continuing jurisdiction to make substantive changes and new orders regarding alimony based on a substantial material change in circumstances not foreseeable at the time of the divorce. (ii) The court may not modify alimony or issue a new order for alimony to address needs of the recipient that did not exist at the time the decree was entered, unless the court finds extenuating circumstances that justify that action. (iii) In determining alimony, the income of any subsequent spouse of the payor may not be considered, except as provided in this Subsectio

Unlikely in this day and age.. for that modification to be made.. it would have to be a very conservative judge to modify an actual court judgment in that manner without proof that it is in the best interests of the kids.