In Texas, more adults over 50 are choosing divorce than ever before. This trend is often called gray divorce. Long marriages face new stress from retirement, adult children leaving home, health changes, or financial disagreements. When a couple has shared decades together, ending a marriage can feel overwhelming.
Gray divorce requires careful planning. The divorce process can be more complex than divorces at a younger age because there are usually more assets, retirement funds, real estate, or even second marriages involved.
This guide explains the main challenges of gray divorce in Texas and how the law may apply.
For personalized advice, please contact Attorney Tyler R. Monahan, partner at Turner-Monahan, PLLC, to discuss your case.
What Makes Gray Divorce More Complicated?
Older couples often share:
- Houses and investment property
- Retirement accounts, pensions, and Social Security benefits
- Businesses or professional practices
- Health insurance coverage
- Debt, including mortgages or medical debt
These items must be handled during divorce proceedings. For many, it becomes a major turning point for future financial security.
Example
A couple married for 32 years decides to divorce at age 58. One spouse was the main earner with a pension. The other stayed home to raise children and now fears financial struggle. Both must understand how Texas divides assets and when support may be awarded.
How Texas Law Handles Assets in Gray Divorce
Texas is a community property state. Under Texas Family Code Section 3.002, property gained during marriage is usually community property and subject to marriage asset division.
The court must divide assets in a way that is “just and right” based on Texas Family Code Section 7.001. The court can consider:
- Marriage length
- Age and health
- Each spouse’s earning ability
- Who keeps the marital home
- Fault in the breakup (in a contested divorce)
- Future financial needs
If a spouse depends on retirement benefits, the court may assign part of a pension or 401(k) using a Qualified Domestic Relations Order (QDRO).
Example
A 67-year-old husband still works. His wife retired early due to arthritis. The judge could award her a larger portion of retirement benefits to balance future financial needs.
What About Separate Property?
Separate property is protected by law. According to Texas Family Code Section 3.001, it includes:
- Property owned before marriage
- Inheritance and gifts to one spouse
- Personal injury compensation (with limits)
However, after decades of marriage, separate property may easily mix with community funds. If the spouse cannot prove that something is separate, it may be treated as community during the divorce asset split.
Spousal Support in Gray Divorce
Texas spousal maintenance is limited and based on specific requirements.
Under Texas Family Code Section 8.051, a court may give support if:
- The marriage lasted at least 10 years and
- The spouse seeking support cannot meet basic needs
The support amount and length depend on age, health, and ability to work.
A Spousal maintenance attorney can help prove these conditions.
Example
A 62-year-old wife who has been out of the workforce for 25 years may receive spousal maintenance if she cannot support herself due to age or health.
Health Insurance and Retirement Risks
A major concern for anyone near retirement age is keeping affordable medical care. If one spouse relies on the other’s employer plan, the divorce may end that coverage.
Other risks include:
- Reduced Social Security benefits
- Early withdrawal penalties from retirement funds
- Delayed retirement due to financial strain
The long-term effects should be reviewed before finalizing the divorce.
Adult Children Still Matter
Even when kids are grown, disagreements can arise over:
- Paying for college tuition
- Supporting adult children with disabilities
- Inheritance planning
- Family businesses
Divorce can affect estate plans. Updating wills and beneficiaries is necessary.
Gray Divorce for Business Owners and High-Value Cases
Some older couples run a business together or hold valuable investments.
A High Net Worth Divorce often involves:
- Business valuations
- Tax planning
- Financial experts
- Confidential handling of records
These cases require a family law attorney with strong financial experience.
Texas Family Code: Quick Guide for Gray Divorce
| Issue | Relevant Law | What It Means |
| Community vs. Separate Property | Texas Family Code §§ 3.001–3.004 | Defines what assets can be divided |
| Property Division | Texas Family Code § 7.001 | Court divides property in a fair way |
| Spousal Maintenance | Texas Family Code § 8.051 | Support only if strict conditions are met |
| Retirement Division | Federal + Texas orders like QDRO | Retirement funds can be shared |
Frequently Asked Questions About Gray Divorce in Texas
1. Does Texas divide everything 50/50 during a gray divorce?
Not always. Texas courts divide assets in a just and right manner. Age, health, income, and length of marriage matter. You may benefit from a Divorce lawyer review of financial assets.
2. Can I keep my retirement if I earned it myself?
Possibly not. Benefits earned during marriage are usually community property. A divorce attorney can help protect your share.
3. Can a spouse over 60 receive support in Texas?
Yes, if they meet the requirements under Texas Family Code §8.051. A Spousal maintenance attorney can help show the court financial need.
4. Will divorce affect my Social Security?
Yes, but many divorced spouses over 62 may still qualify for benefits on an ex-spouse’s earnings history. Speak with a professional to review your eligibility.
5. What is the biggest risk in gray divorce?
Running out of money due to poor planning. Work with a family law attorney to evaluate long-term needs before signing any agreement.
6. What if we disagree on property division?
It becomes a contested divorce. The court will decide. Legal help can protect your rights in court.
7. Can we settle without going to trial?
Yes. Mediation is common and often reduces stress and cost. The court must approve final decisions in the Divorce process.
Turner-Monahan PLLC: Experienced Family Law Representation You Can Trust
Divorce later in life is life-changing. You deserve clear guidance that protects your future. Turner-Monahan PLLC has over 50 years of experience helping Texas families handle marriage asset division, retirement questions, and long-term planning during divorce. Schedule a free, no-obligation consultation with Attorney Tyler R. Monahan to discuss the details.
Disclaimer
The commentary and opinions are for informational and educational purposes only and are not intended to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PLLC, by signing a written retainer agreement.
