Divorce isn’t easy at any age. But later in life, the stakes feel different. Retirement plans. Property you’ve worked decades for. Health benefits. Even grandkids. If you’re in Texas and over 50, there are a few rules and quirks you’ll want to understand before heading into the process.
So let’s walk through 11 facts every older adult should know about Texas divorce.
- Texas is a Community Property State
Here’s the big one. In Texas, most of what you and your spouse earn or buy during the marriage is considered “community property.” That means it’s split more or less evenly when you divorce. Doesn’t matter who’s name is on the paycheck or the deed.
What’s separate? Stuff you owned before the marriage, inheritances, and certain gifts. But be careful—commingling can blur the lines. If you’re unsure what counts as community versus separate property, talking with a professional like a Tad Law League City divorce attorney can give you clarity before making big decisions.
- Residency Rules Matter
You can’t just file anywhere. To file for divorce in Texas, one of you must have lived in the state for at least six months. And you’ll need to file in the county where you or your spouse has lived for at least 90 days.
Not sure where to start? A trusted overview of Texas divorce procedures can walk you through the residency and filing steps, especially if you’re in the Houston–Galveston area.
- Contested vs. Uncontested
This choice shapes everything. An uncontested divorce—where you both agree on property, support, and other terms—is usually faster, cheaper, and less stressful. Contested divorces take longer. They cost more. They drag out in court.
Older adults often prefer to minimize the fight, especially when retirement funds or health coverage are on the line.
- Spousal Maintenance Has Limits
Texas isn’t generous with alimony. The law sets strict rules about when spousal maintenance is awarded and for how long. Judges usually limit payments to shorter periods unless the receiving spouse has a disability or another major barrier to supporting themselves.
So if you’re counting on long-term alimony, you’ll need to look at other financial planning options—and focus on staying connected with resources, advisors, or support systems that can help you plan for the future.
- Retirement Accounts and QDROs
Pensions, 401(k)s, IRAs, and Registered Retirement Income Funds (RRIFs) aren’t just numbers on paper. They’re often one of the biggest assets in a divorce. To divide many retirement accounts, you’ll need a court order called a QDRO—Qualified Domestic Relations Order.
Without it, the plan administrator can’t legally split the funds. And mistakes here can be costly.
- Update Beneficiaries and POAs
Divorce changes more than your marriage certificate. Don’t forget to update life insurance beneficiaries, wills, and powers of attorney. Too many people skip this step and leave assets to an ex by accident.
It’s also smart to review your estate plan with an attorney after the dust settles.
- Homestead Protections Still Apply
Texas has strong homestead protections. Your primary residence can be shielded from certain creditors, and in divorce, there are special rules about how the property is handled. Older adults who’ve paid off or nearly paid off their homes should pay close attention here.
- Medicare and Medicaid Complications
Health coverage gets tricky. If you’re on Medicare, divorce won’t change your eligibility. But Medicaid rules around income and assets can be affected by divorce. If one spouse needs long-term care, planning matters.
It’s worth speaking with both a divorce lawyer and an elder law attorney in cases like this.
- Social Security Timing
Here’s one many people overlook. If your marriage lasted at least 10 years, you may qualify for Social Security spousal benefits based on your ex’s work record. Divorce doesn’t erase that right.
But timing matters—benefits can’t overlap if you remarry before a certain age. Get the facts before making assumptions.
- Housing Changes Can Be Big
Divorce often means selling or downsizing. For empty nesters, that can be overwhelming but also freeing. Think about what kind of housing makes sense for the next stage of life. Condo? Senior community? Staying near family?
Don’t rush—housing decisions affect both finances and lifestyle.
- Grandparent Rights in Texas
One last wrinkle. Divorce can complicate family time with grandchildren. Texas has laws that may allow grandparents access under certain conditions, especially if it’s in the child’s best interest. It’s not automatic, but it’s worth knowing your options if you worry about losing time with grandkids.
Understand These Divorce Facts
Divorce later in life is more than ending a marriage. It’s reshaping retirement, housing, health care, and family ties. The good news? Knowing the rules puts you in control. And with planning, you can protect yourself and move into the next chapter with stability.