Fear of economic consequences is often a deterrent for those considering divorce. Regardless of how unhappy or dysfunctional the marriage may have become, they would rather stick it out than gamble with their resources.
Many people have heard inaccurate information about what happens during divorce, and the stories people share may have frightened them about what could potentially happen if they file. Fear of the property division process is a common issue. Many spouses mistakenly believe that the community property division process in Texas requires a 50/50 split of all of their assets.
However, judges can deviate from a 50/50 split in cases where doing so seems like the appropriate or fair solution for economic issues. Judges have to consider a variety of different factors related to a marriage when deciding how to divide the marital or community property of spouses.
Property division is an innately complicated process
The circumstances for each family differ from those of the next family that may have their case heard by the same judge. The Texas family courts do their best to carefully review marital circumstances in pursuit of an outcome that is fair to both spouses based on their personal circumstances and their contributions to the marital relationship.
Both economic contributions via income and unpaid contributions in the form of household services can influence what the judge decides is just. A judge has to balance the idea of economic fairness with the unique circumstances that could force them to deviate from a 50/50 division of assets. Even the future prospects of the spouses can influence what is fair.
Judges look at someone’s current employment and what employment they could obtain in the future given their experience, abilities and education. A judge may consider someone’s work as a stay-at-home spouse or their choice to leave the workforce to support the family when deciding the best way to divide property.
Judges may even order spousal maintenance or alimony, although such orders are rare. When they do occur, they typically only last for a set amount of time to allow a spouse to improve their circumstances and support themselves independently.
It is effectively impossible to accurately predict how a judge may divide marital property when couples divorce. Those who feel very anxious about preserving specific assets may benefit from attempting to settle property division matters with their spouses. The better people understand Texas asset division laws, the easier it can be for them to make informed decisions about their upcoming divorce proceedings.