It depends on several factors including whether you are living together or separated. The courts may treat the stimulus check similar to a tax refund in most cases, but not all.
Texas is a community property state. That means during a divorce, any and all property acquired during the marriage is presumed to be community property.
A stimulus check is income acquired during the marriage and is therefore the property of both husband and wife, unless an agreement is made or, if it is received during a divorce, a judge may need to rule on it.
If the check is used solely for the purpose of maintaining the household in which both parties live, the court may decide that it’s fair to keep it off the table for division. However, if one party solely benefits from the check, the court may determine that the check be divided or that the other party receive credit in the overall distribution of the entire community property estate.
It’s important to retain a qualified attorney to assist in these matters. The Barrera Law Firm is participating in telephonic free consultations and select in person interviews. Free to call us at (956) 428-2822 or contact us online.
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