Stimulus Check: What funds am I entitled to?

Ashley Green • January 6, 2021

Does my spouse keep all the stimulus money if we are separated?

Since COVID-19 also known as Coronavirus made its way to the United States and begin impacting families financially, the government has issued out so far two stimulus checks to those who qualify under the C.A.R.ES. Act and at the Law Office of A. Green, we have been helping families in Texas navigate this issue to address concerns about who is entitled to what money. 

Married Persons-Who is entitled to what portion of the stimulus money? 
When parties are married in Texas any funds, including funds obtained through the C.A.R.E.S. Act, that is acquired during the marriage is considered community property and both spouses are typically entitled to equally funds. 

The problem becomes when all the stimulus money is deposited into an account that the other spouse doesn't have access and the parties are unable to work together to resolve the matter between themselves. Typically what family court judges in Harris County, Fort Bend County, Brazoria County, Galveston County, Matagorda County, and surrounding counties are doing is ordered that the parties equally split those funds between them if they are married. 

This is why it is important that if you and your spouse no longer have the intent to be married then you should immediately file for divorce and dissolve the marriage because in Texas we do not have legal separation. This could mean that new car, house, retirement funds, or the money in your bank account is subject to being equally split, or at least equitably split between the parties if it was acquired during the marriage.

If you want to protect your assets contact the Law Office of A. Green today to book a consultation!
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