Texas law provides that all property acquired during the marriage is presumed to be community property. This becomes more complicated when the parties are separated and there are children involved. The parent who is claiming the children as dependents while separated may end up with a disproportionate stimulus payment as compared to the other party filing as married but separated.
Regardless of this, one should be aware that the court may still order these funds be divided as community property because the court looks at each individual situation to make a just and right division of the community property.
It’s important to retain a qualified attorney to assist in these matters. Please call us at (956) 428-2822 or contact us online.
We are here to help.