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Why a spouse’s health might affect the division of property

On Behalf of | Feb 1, 2024 | Divorce

Various factors come into play when it comes to Texas property division during divorce. One aspect that may significantly influence this division is the health status of one or both spouses.

The state recognizes the importance of ensuring fairness. The health condition of a spouse can be a major factor in achieving an equitable outcome.

Community property principles in Texas

Texas follows the community property principle in divorce cases. It entails the presumption that all assets acquired during the marriage are community property for fair division between the spouses. However, the court has the discretion to deviate from a 50-50 split based on various factors, including the health of the spouses.

Economic impact of health conditions

A spouse’s health can directly impact their ability to earn income and contribute financially to the marriage. In San Antonio, the median household income is $59,593.

The court may also consider health in situations where a spouse’s health deteriorates, affecting their earning capacity or employability. The goal is to ensure that both parties have a financially stable position post-divorce.

Medical expenses and asset distribution

The costs associated with a spouse’s health condition, including medical bills and ongoing health care expenses, may factor into the property division process. Courts may consider these financial obligations to ensure that the spouse with health challenges has the necessary resources to meet their medical needs.

Unequal contribution and health

Sometimes, one spouse takes on a disproportionate share of the financial burden due to the other spouse’s health constraints. The court may acknowledge this imbalance in the decision on property division.

Texas courts aim to rectify any economic disparities that arise from health-related challenges, striving to provide a fair and just resolution for both parties.

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