Law Office of Bryan Fagan PLLC Podcast
A physician sat in our Fort Worth office convinced he was about to lose half of everything he'd spent decades building — a medical practice, investment properties, retirement accounts, interests in two family businesses. It wasn't that simple, and in this episode we explain why. High net worth divorce in Texas turns on characterization and valuation, not a simple split. Under Texas Family Code §3.003, everything either spouse owns at divorce is presumed community property, and separate property must be proven by clear and convincing evidence — a burden that, not the dollar total, is where these cases are won or lost. We walk through what makes a divorce "high asset" (complexity, not a number), how community and separate property get untangled through tracing and forensic accounting, and the trap that catches high earners: income from separate property during the marriage is community, so commingling can quietly destroy a separate-property claim. We cover business valuation — why courts rarely split a company in half, and how one spouse typically keeps it while offsetting the other's share — plus the vesting-timeline rules under §3.007 that divide stock options and RSUs, the surprisingly limited spousal maintenance caps under §8.055 (the lesser of $5,000/month or 20% of gross income, which is why high earners negotiate contractual alimony instead), and the tools courts use against hidden assets: sworn inventories, sanctions, and unequal division. Custody is decided separately under the child's best interest standard, and remains the highest priority throughout. The bottom line: Texas divides "just and right" under §7.001 — which can be unequal — and what you can characterize and prove is worth more than what you simply own. For business owners, executives, and families in Fort Worth, Tarrant County, and across Texas, the Law Office of Bryan Fagan, PLLC offers free, confidential consultations. Learn more at bryanfagan.com.
368 episodes
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