Timing of Divorce Can Be Critical

Sometimes the timing of when to file for divorce can be critical to the long-term strategy for the spouse getting a divorce. In the property context, consider whether a spouse is due to get a large bonus at work  at a point in the future.  Or, maybe a spouse is going to get a raise in a few months that will increase the calaculation of child support. In some states like Texas, there is a key difference to being marriage 9 1/2 years versus 10 years.  More essoteric, considerations such as the economy may play a role in the timing of divorce.  For spouses who divorced prior to the economy’s crash in 2008, their property divisions may have been higher.  For those whose divorces remained pending after the economy’s 2008 crash, their property division may look very different after the crash than before.  If  selling a house is a key part of the divorce, listing the house in the spring and summer can make a big difference in the selling price and length of time on the market than listing in the fall or winter.

The Timing of Divorce

Social Security provides spousal benefits in retirement to secondary workers in married couples based on the primary worker’s earnings record. In addition, Social Security pays spousal benefits to divorced secondary workers whose marriages lasted at least ten years. However, if a marriage failed in less than ten years, no spousal benefits are paid. The spousal benefit is particularly valuable to secondary workers in couples where there is a large disparity in earnings between the primary worker and the secondary worker.

Dallas divorce and family lawyer Michelle May O’Neil with O’Neil Attorneys Family Law Firm in Dallas, Texas, focuses her law practice on providing compassionate yet relentless representation to spouses seeking divorce in the Dallas, Texas area, including divorce, child custody, and complex marital proeprty litigation.

1 comment

  1. In states like mine, Maryland, the date of valuation of assets is the date of divorce. Contributions to bank accounts and pension plans are marital property until the date of divorce. If you are the economically dependent spouse, you may want to delay divorce and if you are the other spouse you may want to speed it up.

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