In a divorce, judges consider several factors when making property division decisions according to Texas Family Code. This includes the education and future employability of the spouses, fault in the breakup of the marriage, the different earning of the spouses, the joint debt of the spouses, the health of the spouses, the spouse who will have custody of any children, the tax consequences of the marital property division, attorney fees to be paid by each.
All of the property and income a person acquires while married in Texas is presumed to be the community property of the married couple. This means a judge has the authority to divide this property. This includes contribution to a retirement account and income from a salary or other sources such as interest and dividends.
However if a spouse proves by the requisite standard that a certain property is his or her separate property, then the judge has no authority over this property except to confirm ownership to the owner spouse.
Separate property includes property a spouse acquires during the marriage by gift or inheritance, property that a spouse acquired prior to the marriage, property that mutated from a separate property asset or personal injury recoveries other than loss of earnings.
Considering the unique circumstances of each spouse, their community property is divided according to what a judge deems just and right, when they get divorced in Texas.
Contact an experienced family lawyer for advice on the best approach to divorce and marital property division