Property Division Not restricted to 50-50

Property division is not always 50-50 in divorce under Texas Family Law
Contrary to what many people believe, Texas Family Law does not mandate a 50/50 division of property in a divorce. Under Texas Family Law, the Court is charged with a duty to divide marital property in a manner that is “just and right.”

Whether a divorcing spouse is entitled to a disproportionately larger share of the community estate under Texas Family Law depends on the facts of a particular case. Each case is unique and one of the primary factors the Court considers in making a disproportionate property division is disparity in earning capacity. The conventional wisdom behind this thinking is that the higher income earning spouse can recover the difference more quickly than the lower earning spouse.

Other Factors Include

    • disparity in the ages of the spouses ( a significantly younger spouse has more time to replace assets than the older spouse);
    • education of the spouse;
    • the relative physical conditions of the spouses;
    • the size of separate estates of the spouses;
    • education and future employability of the spouses;
    • the length of the marriage, and
    • attorney fees paid by a spouse in the divorce.

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