Divorce after 50 in Texas
Not necessarily. A Texas judge divides your community property in a way the court considers "just and right", which is fair but does not have to be exactly half each.
How long it takes
- Living in the state before you file
- 6 months
- Plus 90 days in the county where you file.
- Tex. Fam. Code § 6.301
- Court filing fee
- Not yet checked
Retirement accounts
In a Texas divorce the judge must decide what each of you is entitled to in pensions, 401(k)s, IRAs and other retirement plans, as part of the just and right division of your property.
Tex. Fam. Code § 7.003 How a 401(k), IRA or pension is dividedAlimony
Decided on factors
Texas has no formula for spousal maintenance: a judge weighs a list of factors, and maintenance is only possible in limited cases and is capped at $5,000 a month or 20 percent of the paying spouse's average monthly gross income, whichever is less.
Tex. Fam. Code §§ 8.051, 8.052, 8.055Keep the house, or the 401(k)?
The two are rarely worth the same once selling costs and tax are counted. Put in three figures and see both sides, today and in ten years.
Questions about Texas
Is Texas a 50/50 divorce state?
Not necessarily. A Texas judge divides your community property in a way the court considers "just and right", which is fair but does not have to be exactly half each.
Is Texas a community property state?
Yes. Texas is one of the community property states listed by the IRS. Property acquired during the marriage is generally owned equally and divided equally, with exceptions for gifts, inheritances and what each spouse brought in.
How are retirement accounts divided in a Texas divorce?
In a Texas divorce the judge must decide what each of you is entitled to in pensions, 401(k)s, IRAs and other retirement plans, as part of the just and right division of your property.
This is a modelled estimate from the figures you entered and the assumptions shown above. It is not legal, tax or financial advice. Divorce law and tax treatment vary by state and by your circumstances; check the result with a lawyer or a divorce financial specialist before acting on it.
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