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Property Division in High Net Worth Divorce

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If one spouse is the primary breadwinner and the other spouse is either not in the workforce or is significantly less than the other spouse, the property is still divided in what they call a just and right division, and it’s still subject to the discretion of the court, or as the parties agree, but another thing that could come into play, depending on how long the people have been married, is the issue of alimony or maintenance. And if one spouse has a lot more earning capacity than the other one, then that’s gonna tend to result in the spouse with less earning capacity getting more of the assets. If one spouse is getting maintenance or alimony, that can factor into it as well. The size of the estate can also have some bearing. If it’s a substantial estate, then there may not be a great disparity in terms of one favor – in favor of one spouse or the other. So sometimes it just depends on how much we’re dividing.

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Austin, Texas divorce law attorney, Tim Whitten talks about dividing property in a divorce case where one spouse is the sole breadwinner.

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