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.
James W. Evans is a board-certified family law attorney and the founder of Evans Family Law Group. With over 25 years of experience, he has built a reputation as a trusted advocate for Texas families navigating divorce, custody, and complex family law matters.
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I had a great experience working with Jimmy Evans on my divorce case. He provided excellent counsel and always focused on getting me the best results. He was accommodating and made sure I understood each step of the process. His paralegal, Dina, was also wonderful! She kept communication clear and timely, and I could always count on her for quick updates and answers.
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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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