50-50? Not so fast…

You have heard it said many times that, in a divorce, the Judge is just going to split things down the middle, so we might as well do that and move on. Well, hold on a second. You should know that the Texas Family Code allows the Court to award you what is called a "disproportionate share" of your community estate, under certain circumstances. That means you could get more than half of your marital property if you can show the Judge things like:

a. your spouse is at fault in the breakup of the marriage;
b. you, the innocent spouse, would have enjoyed benefits from the continuation of the marriage;
c. your spouse has much greater earning potential than you;
d. your health is poor compared to your spouse;
e. you have been awarded conservatorship of the children and their needs are greater than average;
f. your spouse has more education than you, and;
g. your spouse has made gifts of community property that are unusual in size or given to an unusual recipient (often a paramour).

This list is not exhaustive. There are other factors that the Judge may consider. It is presented for your review and so you may think twice before simply agreeing to split everything "down the middle" in your divorce. If we can help you think through your situation, use the contact form on our site or call us at our Rockwall office, 972-771-8011.