The How and Why Behind Reimbursement Claims – Part V
We wanted to add one more note to this ongoing blog series on reimbursement claims in divorce-related matters, this time approaching the conversation from the other spouse’s point of view. In other words, when one spouse files for reimbursement on a contribution from one marital estate to another, what steps can the respondent take to challenge?
Below are some common responses, per the Texas Family Code.
The Respondent can file a separate reimbursement claim
The respondent can turn right back around and request reimbursement for contributions made in the opposite direction. If both claims are granted, they offset each other.
The Respondent can get the claim waived
If there was a premarital or postmarital property agreement between the spouses, the respondent can assert that the reimbursement claim should be ruled null and void. Of course, the respondent would have to prove that the language in such a property agreement is specific enough to warrant that a claim be waived.
The Respondent can claim equitable defenses
When we say equitable defenses, we mean that one party (in this case, a spouse) cannot be reimbursed for contributions if they displayed improper or unfair conduct. For example, a husband who filed a claim could have it denied based on his abuse of his daughter and control of his spouse’s financial independence.
The Respondent can claim the contributor received benefits
This is called offsetting benefits, where the contributing estate received benefits from the contribution. Examples of offsetting benefits can include everything from use and enjoyment of the property to tax benefits and other offsets such as salary, bonuses, or dividends.
Please refer back to our blog section to see previous entries for this blog series. And remember, if you or anyone you know are going through a divorce and feel you are entitled to be reimbursed for specific expenses, contact Nelson Law Group, PC to learn more about how this law relates to your specific situation.
As we’ve said time and time again, every divorce case is different, and requires a keen legal eye to decipher what is just and right for each party involved. We are always accessible, and we truly love hearing from our clients.