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Specialty tag(s): Property Division, Divorce

Is the Distribution of Property 50/50 in a Divorce?

Kristiana Butler | March 8, 2024

People often think that they’ll automatically get half of everything in a divorce, but the truth is that 50/50 asset distribution isn’t guaranteed. That’s because Texas law doesn’t just divide everything 50/50 in a divorce: Rather, the distribution of property is based on what is “just and right.”

Why Wouldn’t Asset Distribution Be 50/50 in a Divorce?

Texas divorce courts look at a variety of factors to determine what constitutes a just and right property division. The judge will examine the earning potential of each spouse and the amount of separate property you have. They may also consider whether one spouse is at fault for the dissolution of the marriage or whether one of you squandered a lot of money while cheating on the other. In the end, the judge may find that the most just outcome isn’t a 50/50 split. A skilled divorce attorney from Goranson Bain Ausley can help to ensure you achieve the best possible outcome after the divorce given your unique circumstances.