Gray Divorce Financial Specialist
Oil royalties, business equity, retirement accounts — Texas's 50/50 split requires expertise. This guide shows you what to protect.
Leanne Ozaine, CDFA® & CFP® | Specializing in gray divorce for 50+
Turn Panic Into Power — $97You spent decades building wealth together — oil royalties, business equity, retirement accounts, real estate. Now Texas's community property laws put everything on the table. But here's what nobody tells you: Texas courts don't just split 50/50 like California. They use "just and right" division, giving judges broad discretion. Without understanding what you're entitled to, you could walk away with far less than you deserve.
Your spouse handled the finances for 25 years. You trusted them. Now you're staring at statements you don't understand, trying to figure out what's community property vs. separate property. Meanwhile, Texas has some of the most restrictive alimony laws in the country — capped at $5,000/month maximum. If you don't get property division right, there's no alimony safety net to fall back on.
You need a financial roadmap before you sign anything. The Fearless Divorce Guide gives you the exact framework to identify every asset, understand Texas's unique property rules, and know your numbers before you negotiate. When your attorney asks "what do you want?" you'll have a real answer.
The 5-step system that shows you what you'll actually live on, so you stop guessing and start knowing.
Calculate your real post-divorce income — including spousal support, assets, and earning potential — so you negotiate from facts, not fear.
Document gathering checklists tell you exactly what to bring to your attorney — so you walk in prepared, not panicked.
Map out your real expenses as a single person — before you fight for something you can't actually maintain.
The asset identification system helps you find accounts and property you might not even know exist.
22-page guide + video tutorials + checklists + templates
$97
Instant access. 100% money-back guarantee.
Get the Clarity You Need — $97If you're over 50 and facing divorce in Texas, you're navigating one of the nation's fastest-growing states with unique divorce laws. Your divorce likely isn't about custody battles—your children are grown, independent, or building their own careers. Instead, your divorce centers on dividing decades of accumulated wealth in a state with community property rules but surprising flexibility.
Here's what makes Texas unique for gray divorce: Unlike California's strict 50/50 community property split, Texas uses "just and right" division—courts have broad discretion to divide assets based on fairness, not a rigid formula. And unlike many states, Texas has very limited alimony, making property division even more critical for your long-term security.
If you've never personally managed the household finances—perhaps your spouse handled oil and gas royalties, business interests, stock portfolios, or retirement accounts while you focused on family and home—you're now facing critical questions about your financial future in a state with unique rules.
Texas is one of the most restrictive states for spousal support. Courts rarely award alimony, and when they do, it's strictly capped:
What this means for 50+ divorcing Texans: Even after 25-30 years of marriage, you cannot count on alimony to replace your spouse's income. The property division is everything—you need assets that generate income for life, not temporary support that may never come.
Texas is a community property state, but unlike California's mandatory 50/50 split, Texas law requires a "just and right" division. This gives courts significant flexibility.
Texas courts divide only community property, defined as property acquired during marriage from the date of marriage to the date of divorce filing.
Community property includes:
Separate property (not divided):
The "inception of title" rule: Texas determines whether property is community or separate based on when and how title was acquired—the moment you acquire property determines its character forever (though it can be transmuted by agreement).
Unlike California's mandatory 50/50, Texas courts have broad discretion to divide community property based on what's "just and right." This means division does NOT have to be equal.
Factors courts consider:
For gray divorce: After 20-40 years of marriage, courts often lean toward equal division, but significant factors (like wasted assets, fault, or health issues) can lead to 60/40 or even 70/30 splits.
Texas is the energy capital of America. Many 50+ Texans have royalty interests, working interests, or industry pensions:
Mineral rights and royalties: If acquired during marriage, these are community property. Valuing ongoing royalty streams requires expert analysis of production history, reserves, and market prices.
Energy industry pensions: ExxonMobil, Chevron, ConocoPhillips, and other major energy companies have complex pension plans requiring specialized division.
Business interests: Family oil and gas businesses, service companies, or exploration companies built during marriage must be valued and divided.
For those new to energy finance: If your spouse worked in oil and gas or your family owns mineral rights, understanding production schedules, depletion allowances, and commodity price volatility is critical.
Texas has a strong entrepreneurial culture. Businesses built during marriage are community property and must be valued:
Texas courts include professional goodwill in business valuations, meaning even if you can't transfer a medical practice to your ex-spouse, its value is still divisible.
Texas real estate has appreciated significantly in major metros (Austin, Dallas, Houston). For gray divorce:
Primary residence: Often the largest asset. Texas has generous homestead protections from creditors, but the home itself is divisible community property.
Investment properties: Ranch land, commercial real estate, rental properties—all community property if acquired during marriage.
Property tax considerations: Homestead exemptions reduce property taxes, but moving loses this benefit.
For 50+ divorcing Texans, retirement accounts are often the most valuable assets:
401(k) and IRA Division: The community property portion (contributions + growth during marriage) is divided per the "just and right" standard—not necessarily 50/50.
Pension Plans: Texas doesn't have a state employee pension system, but many retirees have private sector, federal, or military pensions. Dividing pensions requires understanding:
Teacher Retirement System (TRS): Texas teachers have TRS pensions that are community property for the portion earned during marriage.
Texas has no state income tax, creating unique divorce planning opportunities:
While not controlled by state law, Social Security is critical for Texas gray divorce clients:
If you were married for 10+ years, you can claim Social Security benefits based on your ex-spouse's earnings record (up to 50% of their benefit) without affecting their benefits. This is especially valuable if you didn't work outside the home or had lower earnings.
Important: Remarrying before age 60 terminates your ability to claim on an ex-spouse's record.
Court-ordered alimony in Texas requires meeting a high bar:
Eligibility requirements:
Duration limits:
Amount cap: Lesser of $5,000/month or 20% of gross monthly income
For gray divorce: Even after 30+ years of marriage, alimony is capped at 10 years and $5,000/month. Most Texas divorces rely on property division, not alimony.
While our primary focus is gray divorce (50+ with grown children), some clients have high school or college-age children. Texas uses guideline percentages of the non-custodial parent's net income. However, for most 50+ clients, children are financially independent, and divorce planning centers entirely on property division and retirement security.
No income tax: Retirement income (pensions, IRA distributions, Social Security) is not taxed at state level, making Texas attractive for retirees.
Business-friendly environment: Many 50+ Texans built businesses during marriage, creating complex valuations.
Energy wealth: Oil, gas, and mineral interests create unique valuation and division challenges.
Retirement destination: Warm climate, lower cost of living (compared to California/New York), and no income tax attract retirees from high-tax states.
We provide virtual divorce financial planning services throughout Texas. Explore detailed guidance for these major metro areas:
Corporate headquarters, finance industry, oil and gas wealth, professional practices, high-growth suburbs.
Learn more →Tech industry stock options and RSUs, state government pensions, startup equity, rapid real estate appreciation.
Learn more →Energy sector pensions, oil and gas royalties, medical center wealth, international business interests.
Learn more →Military pension division, healthcare industry, retirement communities, affordable Texas living.
Learn more →Texas's "just and right" division and limited alimony create unique challenges for gray divorce. Whether you've managed finances for decades or you're learning about business valuations for the first time, we provide the education and guidance you need.
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