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Divorce proceedings become complicated by changing circumstances

Houston residents may be interested in a recent dispute regarding spousal support. In this case, a court ruled that the changing financial position and dynamics of one couple's marriage made a prenuptial agreement outdated. As a result, the court chose to disregard the provisions initially agreed upon in the contract.

Furthermore, in this case, the wife had been receiving gifts from her parents. Her husband argued that the gifts eliminated her need for any support from him, but the courts disagreed. The courts felt that the gifts also should not be used to offset the responsibilities of the husband. While income from a trust would be included in her earning power, the courts found that other gifts were voluntary and may be eliminated at any time.

The husband also tried arguing that he should not be liable for the spousal support payments by claiming that he was fired from a company founded by himself and his best friend. However, the man continued to receive funds from the company in the form of "gifts" from his friend, and the court suggested that his lifestyle remained unchanged after he was no longer working with the company. The court estimated his imputed income to be about $150,000, and he was ordered to pay over $140,000 to his ex-wife in over-due support.

As this case shows, there may be many difficulties involved when pursuing a divorce. Disputes concerning spousal support and property division might result in extended periods of litigation and financial instability for both parties. Individuals going through a divorce may benefit from consultation with a lawyer who might provide advice and representation throughout the proceedings.

Source: Forbes, "The High-Flying Debtor Gets His Wings Clipped In Newcomer", Jay Adkisson, December 28, 2013

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