Texas Divorce Attorney Blog
Amy Schumer and Chris Fischer have announced on social media that they are divorcing after seven years of marriage. Let’s evaluate the dissolution of this marriage from the perspective of a family law attorney.
Even prior to the marriage, Schumer was an internationally famous comedian. Fischer is successful in his own field as a James Beard Foundation Award-winning chef, though Schumer’s net worth dwarfs Fischer’s at the time of writing. These facts matter when weighing the division of assets and debts, though a more penetrating accounting would be necessary.
It’s unclear whether the couple signed any pre- or post-marital agreements, as they never publicly commented on this facet of their relationship. This question piques our interest because pre-marital agreements, post-marital agreements, and pre-divorce planning simply carry higher stakes in terminations involving high-income spouses with significant assets (and possibly debts) to gain or lose.
How Property Division Happens in the Absence of Pre-Marital and Post-Marital Agreements
Texas is a community property state, meaning property acquired during marriage is presumed to be community property unless clearly established as separate property.
Per Tex. Fam. Code §§ 3.001, 3.003(b), separate property includes assets owned before marriage, gifts, inheritance, and personal injury recoveries, excluding lost earnings. Tex. Fam. Code § 3.001. Community property is any property acquired by either spouse during their marriage.
Trial courts divide community property in a “just and right” manner. The determination of what is “just and right” can include factors such as each spouse’s contributions, the nature of the property, and overall economic circumstances, per Tex. Fam. Code § 7.001 and Murff v. Murff, 615 S.W.2d 696, 699 (Tex. 1981).
Courts may also account for any reimbursements, adjusting the net award when one spouse contributes funds to benefit the other’s separate or community property, as established by Penick v. Penick, 783 S.W.2d 194, 197 (Tex. 1988).
How Pre-marital and Post-marital Agreements Affect the Disbursement of Assets
Pre-marital agreements often:
- Define which property is separate and which is community
- Establish provisions for spousal maintenance
- Set rules for property division in the event of divorce
Post-marital agreements can perform similar functions but must also meet the same statutory formalities and standards of voluntariness. Trial courts generally enforce these agreements unless a party can demonstrate fraud, duress, lack of disclosure, or unconscionability in the formation of such agreements, per Tex. Fam. Code §§ 4.001, 4.006.
Many Spouses Implement Protective Measures Before Divorce
Even in the absence of a formal marital agreement, parties often take protective steps when they sense divorce is possible or imminent.
Such proactive measures, as described in Tex. Fam. Code §§ 3.003(b), 3.402., may include:
- Meticulously documenting separate property
- Tracing funds used to acquire or improve property
- Limiting commingling of separate and community assets
Robust documentation of assets and ownership ensures that the trial court can accurately characterize property and award it in a “just and right” manner, per Vallone v. Vallone, 644 S.W.2d 455, 458–59 (Tex. 1982).
Particularly when a divorce involves one or more high-net-worth individuals, maintaining financial records, appraisals, and a detailed accounting of contributions to assets is essential to a fair division of a marital estate. Courts rely heavily on this evidence when disputes arise over the origin of funds or improvements.
For example, in 2025, a Texas appeals court held that a marital property agreement did not waive reimbursement claims because the agreement did not expressly reference or release such claims, thereby allowing the community estate to recover community funds used to benefit the wife’s separate property. The court emphasized that marital agreements are construed narrowly and that reimbursement rights are not waived absent clear, specific language.
Consult a Texas Divorce Lawyer Today
If you’re considering a divorce and are concerned about the property division of your high-value assets, the McClure Law Group can represent you. Attorney and CEO Kelly McLure leads a team that prides itself on getting what our clients deserve.
We advise clients on strategies to safeguard their property rights and to ensure a fair division of assets in divorce proceedings. Call us at 214.692.8200 or use our online form to schedule a consultation.