Is Texas a 50/50 divorce state?

Texas Divorce Laws: Unpacking the 50/50 Split Myth


Divorce is a life-altering event that affects not just the couple involved but also their families and communities. One aspect of divorce that often generates confusion and misinformation is the concept of property division, especially in so-called “community property” states like Texas. Among the many misconceptions, the idea that Texas enforces an automatic 50/50 split of marital assets is a prominent one. In this article, we will delve into the intricacies of divorce laws in Texas, exploring whether it truly adheres to the 50/50 principle and how property division actually works in the Lone Star State.

Understanding Community Property States

Before delving into the specifics of Texas divorce laws, it’s important to understand the concept of community property states. Community property states, of which Texas is one, base property division on the principle that assets acquired during the course of a marriage are considered joint property, belonging equally to both spouses. While this might seem synonymous with a 50/50 split, the reality is more nuanced.

Texas and Marital Property

Texas, like several other states, follows the doctrine of community property. However, this doesn’t automatically mean that all assets will be split down the middle in a divorce. The term “community property” itself can be misleading, as it refers to the classification of assets rather than a predetermined split. In Texas, community property encompasses assets acquired during the marriage, excluding gifts or inheritances specifically designated for one spouse.

Equitable Distribution vs. Equal Division

Here’s where the misconception about the 50/50 split comes into play. Unlike some other states that adhere to the principle of equitable distribution, where assets are divided fairly but not necessarily equally, Texas community property law tends to prioritize an equal division of community property. However, the term “equal” doesn’t always translate to a literal 50/50 split.

The Texas Family Code states that “the court shall order a division of the estate of the parties in a manner that the court deems just and right, having due regard for the rights of each party and any children of the marriage.” This means that while the court will strive for a just and equal division, it also takes into account various factors such as the earning capacities of each spouse, the length of the marriage, and any fault in the breakup of the marriage.

Factors Influencing Property Division in Texas

  1. Fault in the Marriage: If one spouse’s actions (such as adultery or cruelty) contributed significantly to the dissolution of the marriage, it might impact property division.
  2. Earning Capacities: If one spouse has a significantly higher earning capacity than the other, the court might adjust the division of assets to ensure both parties have a fair start post-divorce.
  3. Child Custody and Support: The presence of children can affect property division. The custodial parent’s ability to provide for the children may be considered when dividing assets.
  4. Health and Age: The health and age of each spouse can influence the property division. For example, if one spouse requires ongoing medical care, this might be taken into account.


While it’s tempting to label Texas as a “50/50 divorce state,” it’s important to recognize the complexities that underlie property division in the Lone Star State. Texas does adhere to community property principles, which emphasize equal ownership of assets acquired during the marriage. However, this doesn’t guarantee a strict 50/50 split. The court’s determination of what is “just and right” takes into account a variety of factors that can lead to a distribution that deviates from a simple equal division. As with any legal matter, it’s essential to seek professional advice and representation to navigate the intricacies of divorce proceedings and property division effectively.