Do You Have to Split High-Value Assets 50/50 in a Divorce?

A divorce is stressful under any circumstances. The situation is even more complicated if you are a wealthy professional or business owner dealing with significant assets.

While each state has its own divorce process, divorcing couples in Texas typically split their assets 50/50. However, it is essential to understand the nuances of the process that can affect who gets what.

Which assets are subject to property division in Texas?

In community property states such as Texas, any assets or debts built up during the marriage belong equally to both partners by default. Exceptions to this include the following situations:

  • A prenuptial agreement classifies assets as separate property
  • A spouse owns assets from before the marriage
  • A spouse acquires assets through inheritance or as a gift to just one partner

These are just a few examples of separate property. Depending on your situation, other exceptions may also exist.

Do courts divide assets 50/50?

In Texas, a court will divide the community property equitably among the spouses. This means that a court may choose not to split marital assets exactly 50/50 in some situations. Since the court has the final say over the property division process, going into the situation with a plan and being able to make it clear which assets belong to who is vital.

If you and your partner agree on how to divide assets, things should go relatively smoothly. However, in a contested divorce, the courts will consider many factors to determine how to split assets, including earning potential of each spouse, who has custody of the children and whether one spouse was at fault for the divorce.

Taking the time to organize yourself before appearing in court is essential. This is especially true if you believe that certain valuable assets should belong to you alone.

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