Protecting What Matters Most
by James Evans - December 28th, 2010
Expectancy Interests generally not subject to characterization.
Future wages are generally not subject to characterization as community property.
Even if the future wages are derived or earned in part for the spouse’s work during marriage, if that future income is contingent upon the spouse’s continued efforts after divorce, the future income is known as a “mere expectancy interest” (not fixed) and not a property right that can be subject to characterization.
Note: If future wages accrue and are earned during marriage, but are NOT not contingent upon continued efforts after divorce, then the future payments are subject to characterization.
Our Austin family law attorneys handle a wide range of matters, including divorce, child custody, child support, spousal support (alimony), property division, prenuptial and postnuptial agreements, adoption, and modifications of court orders. Whether your case is straightforward or highly contested, our team provides personalized legal guidance to protect your rights and your family’s future.
The timeline for a divorce varies depending on the complexity of the case and whether it’s contested or uncontested. Texas law requires a 60-day waiting period after filing before a divorce can be finalized, but contested cases involving disputes over property, custody, or support can take several months or even longer to resolve.
An uncontested divorce occurs when both spouses agree on all major issues, such as property division, custody, and support. These cases are generally faster and less expensive.
A contested divorce, on the other hand, involves disagreements that require negotiation, mediation, or a court decision. Our attorneys are experienced in both types of cases and can guide you through either process efficiently.
In Texas, the court’s primary concern is always the best interest of the child. Factors considered include each parent’s ability to provide for the child, the stability of each home environment, the child’s relationship with each parent, and, in some cases, the child’s preferences. Our Austin family lawyers work hard to protect your parental rights and achieve an arrangement that supports your child’s well-being.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Attorney James Evans, who has more than 20 years of legal experience as a family law attorney.
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At Evans Family Law Group, we combine our in-depth knowledge, strategic approach, and commitment to you to achieve optimal results.
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