Divorce is a complex legal matter regardless of how long your marriage lasted, but if you were married for at least 10 years, you can face additional complications and may be afforded additional protections. This is not to mention the depth of your emotional pain at the end of a marriage that spanned at least a decade.
If this is the challenging situation you find yourself in, don’t wait to consult with an experienced Round Rock divorce attorney.
The Division of Your Marital Property
In Texas, marital property must be divided between you in a manner that is considered just and right in the event of a divorce, and while this can mean an equal split, it doesn’t always.
Marital Property
Those assets that you, your spouse, or you and your spouse together acquired during your marriage are considered marital property, which means they must be divided between you fairly upon divorce. Fairly here refers to being fair in relation to the unique circumstances involved, and the longer your marriage, the more unique the circumstances are likely to be.
The only exceptions when it comes to marital property – or property that either of you came to own while married – include the following, which remain the property of the recipient:
Gifts given to one spouse alone, including from one spouse to the other
Inheritances received in one spouse’s name alone
The compensation for one spouse’s pain and suffering in a personal injury claim that was triggered during the marriage
Over the course of a decade, you may have accumulated a good deal of property, are more likely to own multiple real estate holdings, and may have embarked on complicated business dealings – such as business ownership. And any one of these can make the division of your marital property that much more complex.
Separate Assets
Those assets that either of you owned prior to marriage and kept separate while you were married are separate assets that remain the property of the original owner. It’s important to note, however, that Texas courts begin with the presumption that all assets are marital, and it is the responsibility of the spouse claiming that an asset is separate to prove its separate nature.
Commingling of Marital and Separate Assets
The longer your marriage, the more likely separate assets are to become financially entangled with marital assets, which can blur the line between them and can complicate the division of your marital property further.
Increasing Value
During a long marriage, the value of your separate assets is likely to increase, and while the asset itself remains separate, the increase in value is likely to be treated as marital property.
For example, if your spouse had a retirement account at the time of your marriage, the value to that point is separate property. The amount that this account increases during your marriage, however, belongs to both of you.
And if you happened to stay home in support of your spouse’s career throughout your marriage, you may not have a retirement account of your own to offset this value. In other words, the longer your marriage, the more legal intricacies you’re likely to encounter.
In a Fault-Based Divorce
It’s also important to know that, while most divorces in Texas are no fault, the state does allow divorces that are based on specific grounds of fault, such as adultery and cruelty. If you do pursue a divorce that’s based on your spouse’s fault, you will be tasked with proving their wrongdoing caused the breakdown of your marriage.
This generally means that the divorce will take longer, will cost more, and will be more contentious, but if you prove your case, it can also affect how your marital property is divided, which will be in your favor.
Alimony
In Texas, alimony is called spousal maintenance, and it applies only under specific circumstances. To begin, alimony is generally only awarded after a marriage of 10 years, which makes it a concern only in long-term marriages.
Alimony is awarded only if the divorce leaves one spouse without the financial means to cover their own reasonable needs, and these reasonable needs are determined in relation to the marriage itself and the standard of living achieved during the marriage.
If the other spouse has the financial ability to help, they may be ordered to pay alimony of an amount and duration that allows the recipient the time necessary to become more financially independent.
The longer your marriage and the more earning power you gave up over the years, such as if you stayed home and took care of the kids while your spouse cultivated their career, the more likely you are to receive alimony and the longer it is likely to last.
To sum things up, the longer your marriage, the more assets there will likely be to protect, and in some senses, the more protections you may be afforded.
Social Security Benefits
Income can be very lopsided in a long marriage – especially if one of you dedicates your time to the children and home while the other embarks on a career. The State of Texas recognizes this fact, and so does the federal government.
If you divorce after at least 10 years of marriage, you can seek half of your ex-spouse’s social security benefits when you reach the age of retirement rather than receiving your own, which may be considerably less, and you can do so without affecting the social security benefits your ex will receive.
Child Custody Arrangements
Child custody in Texas breaks down into physical and legal custody, and the length of your marriage is unlikely to affect either. If your children happen to be older, however, which they may be after a longer marriage, their preferences in relation to parenting time may be taken into consideration.
Physical Custody
Physical custody refers to parenting time, which determines when you will be responsible for your children and when their other parent will be. The State of Texas is motivated by the best interests of the children in the case at hand, and unless there are extenuating circumstances involved, this typically means awarding each parent a generous parenting time schedule.
The Primary Custodial Parent
While you and your ex can divide your parenting time relatively equally, one of you may fill the role of the primary custodial parent, which means this parent has the authority to decide where the children will make their primary residence – within the parameters set by the court – and will have the children for the majority of their overnights.
The other parent, however, will almost certainly receive an ample number of overnights with the kids.
Best Interest Factors
Texas courts turn to a comprehensive list of best interest factors when making child custody decisions, and these include the following:
The children’s ages and physical, educational, and emotional needs
Any special needs the children have
Each parent’s ability and desire to adequately address each of the children’s needs
Each parent’s age and overall mental and physical health
Each child’s overall mental and physical health
Each parent’s level of involvement in the children’s lives to date
The depth of the relationship between each parent and each child
Each parent’s commitment to supporting the other’s close relationship with the children and to engaging in effective co-parenting with them
Any concerns regarding domestic violence, child abuse, or child neglect
Legal Custody
Legal custody refers to parental responsibilities – or to how you and your ex will make critical decisions about your children’s upbringing post-divorce. The goal is shared legal custody, which can mean you and your ex continuing to make the important parenting decisions between yourselves the way you did when you were married. Other options include:
Making these decisions together but one of you having the authority to break a tie if it’s necessary to do so
Dividing these decisions between you according to topic
If the situation calls for it, one parent can be awarded sole legal custody, which means they will make all the important decisions about topics like the following on their own:
The health care your children receive
The school or daycare your children attend
The extracurriculars or travel your children participate in
The religious education your children receive
The more mundane questions, such as what to have for dinner or which movie to watch, remains the responsibility of the parent who is with the children at the time. Additionally, if an emergency arises, the parent who is there or who is most easily accessible is responsible for making the necessary decisions.
Child Support
The length of your marriage is unlikely to affect your child support orders. While many factors can affect this calculation, the primary concerns are the amount of parenting time each parent receives and each parent’s income.
Parents are held responsible for supporting their children according to their ability to do so, which makes income of special importance. Even when parenting time is divided evenly between the couple, the parent who earns more is likely to make child support payments to the other.
While the court has the discretion to rule outside the state’s child support guidelines if there is a significant reason for doing so, the parent who is the higher earner generally pays a specific percentage of their net income that is based on the number of children covered by the order. Consider the following:
20 percent for one child
25 percent for two children
30 percent for three children
35 percent for four children
40 percent for five children
At least 40 percent for six or more children
FAQ
If you’re facing a divorce after many years of marriage, the answers to the questions we field most often from others in your situation may help you with some of your own.
Does 10 years of marriage guarantee alimony?
When it comes to alimony in a Texas divorce, there are no guarantees, and alimony awards are the exception rather than the rule. Alimony is unlikely to be awarded, however, in a marriage that lasted less than 10 years. If your divorce is looking financially lopsided and you believe you’re entitled to alimony, an accomplished divorce attorney can help.
Can I handle the divorce on my own?
Everyone who is facing a divorce is strongly encouraged to have skilled legal representation on their side – for the sake of their parental and financial rights. If you’ve been married for 10 or more years, however, there’s likely to be even more on the line in terms of your finances, and you shouldn’t proceed without a dedicated divorce attorney.
What can I do if I think my spouse is hiding assets?
The longer your marriage, the more complex your financials are likely to be, and the more room there may be for taking financial liberties. One important step you can take is gathering all the financial documentation you can prior to filing for divorce – after you file, gaining access to the necessary information can be more challenging.
The sooner you begin working with a practiced divorce attorney, the better protected you’ll be from any attempts on the part of your spouse to artificially decrease your marital assets – and, in the process, your just and right division.
Even if you can’t compile the financial paperwork necessary to prove your total assets and your spouse’s financial wrongdoing, your attorney will be well-equipped to do so during the discovery phase of your divorce.
An Experienced Round Rock Divorce Attorney Is Standing By to Help
Brett Pritchard at The Law Office of Brett H. Pritchard is a knowledgeable Round Rock divorce attorney who has the compassion, experience, and legal insight to skillfully advocate for your many rights after a marriage of ten years or more, and he welcomes the opportunity to do so.
Learn more about what we can do to help you by contacting or calling us at 254-781-4222 and scheduling a free consultation today.