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Home 9 Divorce 9 Negotiating a settlement between spouses with similar income

During a divorce, Texas couples will need to negotiate their settlement. The way this is handled depends on what each spouse contributed to the marriage and whether both spouses worked.

As couples go through the dissolution of the marriage, they will negotiate several things. These include:

  • Child support
  • Marital assets
  • Spousal support
  • Lawyer’s fees

Taking care of the children

When it comes to child support, the state formula dictates that a percentage of the non-custodial parent’s income is used as a baseline for the amount that parent has to pay. This amount also depends on how many children there are in the family. Even if the custodial parent earned the same as the non-custodial parent, the amount of the custodial parent’s income would not be considered.

Dividing assets and other financial matters

As a community property state, marital assets accrued in Texas are divided equally during a divorce. Spousal support, in this case, would not be considered as both spouses earn similarly and contributed similarly to the marriage.

In cases where one spouse worked and contributed to the family financially, courts will look at the non-financial contributions the other spouse made in order to work out a fair settlement that does not leave the non-working spouse completely penniless and unable to support themselves. However, in situations where both spouses worked and also earned about the same, the process of the divorce settlement would not include an amount for support.

Finally, lawyer’s fees are usually only negotiated when one of the spouses cannot pay for their fees or if one spouse intentionally drags out the divorce process. In that case, the court might order the spouse that extended the process to pay for the other spouse’s lawyer fees. However, having a lawyer’s support and guidance during the process can be beneficial when trying to reach a just settlement.

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From the bottom of my heart, I cannot recommend Balekian Hayes enough. As a father fighting to protect his daughters and secure meaningful protections for our future, I needed more than legal representation — I needed a team that understood what was truly at stake. This firm didn’t just manage my case; they stood beside me while I fought for my children with passion, discipline, and faith. They recognized my effort to always put my girls first and reinforced that commitment at every turn.

Lisa at reception is the heartbeat of this firm. From the very first call, she treated me with sincerity and compassion. On days when I felt overwhelmed or discouraged, Lisa gently reminded me that my faith was evidence and that trials are temporary. She consistently reassured me that everything would work out the way it was meant to. She addressed every concern directly or made sure someone did. Her kindness grounded me more than she probably realizes. She sets the culture — patient, understanding, and steady.

Bryn is one of the hardest working professionals I have ever encountered. She was my go-to throughout the case and handled every detail with empathy, precision, and follow-through. What stood out most was how she consistently reinforced that I was a great father. When doubt crept in, Bryn reminded me that my effort to secure protections for my daughters mattered deeply. She genuinely cared about the outcome, not just legally but personally. Her calm strength made some of the hardest moments feel manageable.

And then there is Emory. Emory is exceptional. Her knowledge and strategic leadership transformed our case and ultimately led to a strong victory for my family. But what separates her is her empathy. She saw my pain. She recognized the weight I was carrying as a father trying to do everything right. On days when I questioned whether I was doing enough, Emory consistently reminded me that I was doing amazing — even when I didn’t feel like my best self. She pointed out the victories I had already achieved before she and her team ever stepped in. That perspective restored my confidence. “Relax — we’ve got this,” she would say, these struggles may feel like loses right now, but soon they will be your victories— and she meant it. She fought fiercely for the protections my daughters deserved while also protecting me emotionally through the process.

This firm was the greatest blessing of my year. To the fathers out there: I know how heavy this road can feel. But when you have Balekian Hayes in your corner, the burden truly lifts. They honor your role. They fight for your family. They believe in you when you need it most.

Personally, I know what it feels like to lie awake at night wondering if you’re doing enough… if you’re going to protect your children… if the system will truly see your heart. I lived it. As a father fighting for my daughters and the protections they deserve, I needed more than legal advice — I needed a team that understood what was truly at stake. From day one, Balekian Hayes saw my passion, my effort, and my unwavering commitment to put my girls first. They didn’t just represent me or defend me in court — they strengthened me as a father. Without hesitation, I can say this firm was the greatest blessing of my year.

To my team I am beyond thankful for your effort, thank you all so much for these blessings we get to live.

If you’re praying for help — this is your sign. Make the call.

John

“Dedicated lawyers who will work hard and fight for you. Kris and Justin went above and beyond in my case. A big thanks to both of them. I would not hesitate to recommend.”

Dustin

“Balekian Hayes is the best law firm I’ve ever had the pleasure of doing business with. Very happy with everything!”

Travis

“I had a fantastic experience with Balekian Hayes law firm and highly recommend them. I initially met with Kris in 2007 regarding a potential divorce. She immediately knew what an emotionally challenging and stressful time this was going to be for me and didn’t want me to be alone during this journey. She helped me plan effectively to protect myself, my financial future, and my time with my kids. I interviewed several attorneys prior to meeting her, but none had the compassion and law knowledge combination that she and her team did. Hiring her was one of the best decisions I’ve ever made.”

Elizabeth

“Ms. Hayes was not only an excellent attorney throughout the duration of my case, but counseled me through some very tough financial decisions and marital obstacles outside of litigation. We forged a friendship that will last well beyond our professional relationship and I was blessed to have her on my side.”

Previous Client

“She was and continues to be professional, caring, and honest.
Ms. Balekian Hayes is a bulldog who fights for what’s best for the child.”

– Krystal