Everything Is Bigger in Texas, Except the Community Property Estate: Must Texas Remain a Divorce Haven for the Rich? (Family Law Quarterly Vol. 44, No. 3, Fall 2010)
J. Thomas Oldham
This article examines Texas community property laws in light of what happens in the other seven U.S. community property states. The author notes a significant variation among these state rules, and contends that as a result of its rules, Texas is a haven for wealthy divorcing spouses. The major reasons for this are the shockingly restrictive spousal support laws now in effect, coupled with rules that make it very difficult to challenge a premarital agreement. The author examines relevant aspects of Texas family law rules and details how wealthy spouses benefit from them and why this is unlikely to change.