How Long Do You Have To Be Married To Get Half Of Everything in a Texas Divorce?

One of the most common questions we hear from clients considering divorce is, “How long do I have to be married to get half of everything?” The simple answer in Texas is that the length of your marriage doesn’t determine what share of assets you receive in a divorce. Texas law requires courts to divide marital property in a “just and right” manner, regardless of how many years you’ve been married.

In this post, we’ll explain the key legal principles that govern property division in Texas divorces and what factors the court considers when determining a fair split of assets. While the 50/50 division may be a common assumption, the reality is more nuanced.

Texas Is a Community Property State

First, it’s important to understand that Texas follows a community property system. This means that any assets acquired by either spouse during the marriage are generally considered to be owned equally by both parties.

There are some exceptions for property that was owned before marriage, received as a gift, or inherited – these may be classified as separate property.

However, the key takeaway is that in a Texas divorce, the presumption is that all property possessed by either spouse on the date of divorce is community property and, therefore, subject to division. This is true whether you’ve been married for 6 months or 60 years.

The Court Divides Property in a “Just and Right” Manner

If your divorce ends up in court because you and your spouse cannot agree on how to split your assets, the judge is required to divide your community property in a way that is “just and right.” This standard comes from Section 7.001 of the Texas Family Code.

Importantly, a just and right division does not necessarily mean an equal 50/50 split. The court can order an unequal division if it determines that would be more equitable based on the circumstances of your case.

Some factors the court may consider when deciding what is just and right include:

• The earning capacity of each spouse
• The educational background and employment skills of each spouse
• Which spouse will have primary custody of any children
• The health and physical conditions of the spouses
• The size of each spouse’s separate estate
• Any financial misconduct by either spouse, such as wasting assets
• Fault in the breakup in the marriage, such as adultery or cruel treatment

As you can see, the length of the marriage is not one of the factors explicitly listed in the statute. That’s not to say it’s wholly irrelevant – in a long-term marriage, it may be more likely that one spouse has made significant financial or non-financial contributions that should be accounted for in the property division. But there is no bright line rule that you must be married for X years to receive 50% of the marital estate.

The Presumption of Community Property

It’s also critical to understand the legal presumption that all property possessed by either spouse during the marriage is community property. This presumption applies to all assets acquired from the date of marriage until the date of divorce, which could include:

• Real estate and home equity
• Vehicles and boats
• Checking and savings accounts
• Retirement benefits like 401(k)s, IRAs, and pensions
• Stock options and investments
• Business interests and professional practices
• Furniture, jewelry, art, and other valuable goods

If you want to claim that a particular asset is your separate property and should be excluded from the division, you have the burden of rebutting this presumption with “clear and convincing evidence.” This is a high standard that generally requires tracing the asset directly to a separate source, like a premarital account or an inheritance that was never commingled with community funds.

You May Not Have to Split Assets 50/50

While many divorcing couples in Texas assume they must divide everything straight down the middle, that’s not necessarily the case. If you and your spouse can negotiate your own property settlement, you have significant flexibility to split assets in a way that works for your unique situation, regardless of how long you were married. You could agree to let one spouse keep more of the retirement accounts in exchange for the other taking more of the home equity, for example.

Even if your divorce goes to trial, the judge may determine that an unequal split is appropriate based on the “just and right” factors discussed above. For instance, if a long-term marriage is ending because one spouse committed adultery, the court could award a larger share of assets to the innocent spouse.

The bottom line is that you shouldn’t assume your property will be divided 50/50 just because you’ve hit a certain anniversary. The legal analysis is more complex.

Work With an Experienced Texas Divorce Attorney

If you’re considering divorce in Texas, it’s essential to consult with a knowledgeable family law attorney who can evaluate your case and advise you on likely property division outcomes. At the Law Office of Aimee Stritchko, we have extensive experience helping clients understand their rights and options during this challenging time.

Our team can assist you with identifying and evaluating all marital assets, negotiating a fair settlement if possible, and zealously advocating for your interests in court if necessary. We know that every case is unique, and we’ll take the time to understand your specific needs and goals.

If you have questions about property division or any other aspect of divorce in Texas, please contact us today to schedule a consultation. We’re here to provide the guidance and support you need to protect your financial future and move forward with confidence.