Divorce Property Division Settlements Are Not Always 50-50 in Texas Family Law

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.” Appellate Courts find in some divorces that 80-20 property division is “just and right.” Depending on the size of the estate, we see disproportionate property divisions falling in the range between 51 percent and 60 percent quite often. Under Texas Family Law, a divorcing spouse may be entitled to a disproportionately larger share of the community estate depending on the facts of that 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. If one party has an earning capacity of $150,000 per year and the other can earn only $30,000 per year, the Court may very well grant a disproportionately larger [...]

By | March 23, 2018|Community & Separate Property, Family Law Updates|

When The Elderly Need A Divorce

As Baby Boomers enter the elderly population and advances in medical science continue to extend our lives, the elder population is now booming. A generation ago, it was uncommon to see elderly divorce between couples over 60. That is no longer the case. Divorce is becoming common for couples in their 60s and 70s and even in their 80s. Divorce Property Settlement The primary concerns of the elderly in divorce differ from their younger counterparts. Couples seeking divorce after 60 are likely to be at or near retirement. Typically, this means that you are dealing with an estate that is as large as it will ever be. There will be little or no time after the divorce for the parties to earn sufficient income to recoup assets awarded to the other spouse in the divorce property settlement. Capacity and Decision Making One of the first issues to be considered in elderly divorce is whether a [...]

By | March 16, 2018|Children & Family, Community & Separate Property|

Divorcing As Non-Native Texans: Divorce Laws in Texas for Property in or Accumulated in Another State

Do divorce laws in Texas prevail over out of state divorce laws? There are many jurisdictional issues to consider when divorcing in Texas if you and your spouse lived elsewhere before moving to Texas. The attorneys at Chris A. Spofford, P.C. can assist you in navigating these issues to reach a suitable outcome.

By | April 10, 2013|Community & Separate Property|

Property Division not restricted to 50-50 in 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.” Appellate Courts have found in some cases that an 80/20 property division was “just and right.”  However, depending on the size of the estate, we generally see disproportionate property divisions falling somewhere in the range between 51 percent and 60 percent. 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. If one party has an earning capacity of $150,000 per year and the other can only earn $30,000 [...]

By | December 7, 2011|Community & Separate Property|

Characterizing property in a divorce settlement–community versus separate property

Division of property in a divorce settlement under Texas Family Law can be a complex process. The first issue that must be clarified is the characterization of property that is owned by you and your spouse—what is “community property” and what is “separate property”? These are legal terms of art, which means they have specific meaning under Texas Family Law. Almost everybody has an opinion about what is community property and what is separate property. However, under Texas Family Law, these definitions are very specific, and will frequently differ the preconceived ideas you have as to their meaning.  The law on characterization of property is extensive and this is not intended to cover all aspects of this complex area of the law. […]

By | June 6, 2011|Community & Separate Property|