Relating to the rights and liabilities of the parties in a suit for dissolution of a marriage and certain post-dissolution proceedings.
Impact
The amendments proposed by SB866 are designed to streamline processes regarding the division of property during divorce, particularly by clarifying the nature of claims for reimbursement. It is intended to ensure that the distribution of marital assets, especially those that may be subject to claims of economic contribution, is done equitably. This change aligns with the state's aim to provide clearer guidelines to courts handling such disputes, potentially reducing litigation over the valuation and entitlements related to marital property.
Summary
SB866 is a significant bill pertaining to the rights and liabilities of spouses in the context of marriage dissolution and post-dissolution proceedings. The bill amends various sections of the Family Code to clarify how certain financial interests and claims for reimbursement should be handled in divorce cases. One of the key provisions includes the establishment of a spouse's separate property interest in employer-provided stock options and restricted stock, elaborating on the mathematical formula used to ascertain these interests based on the duration of the marriage and employment requirements.
Contention
Notably, the bill repeals several pre-existing laws and introduces new frameworks for calculating reimbursement claims which may impact how courts adjudicate financial disputes in divorce cases going forward. Critics argue that while the bill appears to simplify claims, it may also reduce the protections for non-working spouses, predominantly women, who may have historically relied on economic contributions made during the marriage. Thus, while the bill aims to balance interests, it raises concerns about equitable treatment in practice.
Notablepoints
Key changes include the introduction of provisions for equitable liens on property, which secure reimbursement claims against marital property upon dissolution or death of a spouse. This could impact how ownership interests are treated during legal proceedings and may prompt further discussion on the rights of spouses in property distribution scenarios.
Relating to a court order for the exclusive occupancy of the primary residence by a spouse during the pendency of a suit for dissolution of a marriage.
Relating to certain statutory changes to reflect and address same-sex marriages and parenting relationships and to the removal of provisions regarding the criminality or unacceptability of homosexual conduct.
Relating to certain statutory changes to reflect and address same-sex marriages and parenting relationships and to the removal of provisions regarding the criminality or unacceptability of homosexual conduct.
Relating to the creation and operation of a mental health services district by the Midland County Hospital District of Midland County, Texas, and the Ector County Hospital District.
Parenting time and spousal maintenance provisions modified, antenuptial and postnuptial agreements governing provisions modified and updated, assisted reproduction rights and responsibilities established, and revisor of statutes directed to update terms used in statute.