Texas Divorce Attorney Blog
The trend of couples over age 50 choosing to dissolve long-term marriages, commonly called “gray divorce,” has increased across the United States, and we’re now seeing it here in Texas. Recent demographic data show a growing divorce rate for older Texans, even as overall divorce rates have declined nationwide.
Dividing Property
It’s common for gray divorces to happen after decades of marriage, presenting unique considerations and challenges in the divorce process. These divorces often involve decades of accumulated assets and retirement benefits, and how Texas addresses community property in divorce has a particularly significant impact on long marriages.
Under the Texas Family Code, community property consists of property acquired by either spouse during marriage, other than separate property. The long duration of gray marriages amplifies the community property presumption under the Family Code that property possessed by either spouse on dissolution is presumed community property unless proven otherwise. Tex. Fam. Code § 3.003.
Separate property generally includes property owned before marriage or received by gift, devise, or descent. Proof of separate property requires clear and convincing evidence. This presumption means that even assets held in one spouse’s name for years may still be subject to division.
Disentangling Retirement Accounts, Pension Plans, and Other Benefits
In gray divorces, retirement accounts, pension plans, and longer-term investments typically represent a large portion of the marital estate. Texas law requires that the court determine the rights of both spouses in these benefits as part of the divorce decree. Tex. Fam. Code § 7.003.
Complexities arise because the valuation of decades of retirement contributions requires precise documentation. A specific type of court order, a Qualified Domestic Relations Order (QDRO), can be used to effectuate the division without triggering adverse tax consequences.
Spousal Maintenance
Spousal maintenance (alimony), while historically less common in Texas, may be relevant in gray divorce cases. Under Tex. Fam. Code § 8.051, Texas courts can only award maintenance in specific situations, such as when one spouse does not have enough income or assets to cover basic living expenses after the divorce. This can be especially relevant for older spouses who have been out of the workforce for many years, are dealing with health problems, or can no longer work full-time due to age or disability. In these cases, the court may order financial support to help that spouse meet basic needs.
Contact a Texas Divorce Attorney for Your Gray Divorce
Legal insight into Texas’s statutory framework for property characterization, division, retirement rights, and maintenance eligibility is essential for gray divorce clients. The divorce attorneys at McClure Law Group can help you understand not only how your estate will be divided, but also how decades of shared life are viewed in Texas courts.
Our goal is to get you the fair division of assets you deserve. Call the McClure Law Group at (214) 692-8200 to schedule a consultation with one of our Texas divorce attorneys.