No, not for that reason alone. In Texas, how much one spouse worked during the marriage, or whether he or she worked at all, does not matter. All income earned during the marriage is community property, and unless there are other factors involved, like fault in the breakup of the marriage, each spouse is entitled to a “just and right” division of the community property, which is typically 50%. This is because Texas does not want to penalize a spouse who chooses to stay at home and take care of the kids and the house, as opposed to working. Texas assumes this was a decision made by both spouses, and the spouse that stayed at home is still entitled to the community property that was earned during the marriage. However, keep in mind that any property a spouse had prior to marriage, or acquired during marriage by gift, devise, or descent, is that spouse’s separate property. That spouse will be awarded 100% of his or her separate property.
If your goal is to be awarded more than 50% of the community estate, then you should speak with an attorney about arguing that you are entitled to a disproportionate share of the marital property. Below are examples of valid reasons as to why you are entitled to a disproportionate share of the marital property:
Patricia Carter is as attorney with Houston firm Short Carter Morris. She is board certified as a Family Law Litigator by the Texas Board of Legal Specialization. She can be reached at (713) 626-3345. View their Divorce Magazine profile.