For many, many years women have been the primary spouse that stays at home, and have gone into court arguing that they should get one half or an even greater share of the assets. In states like Texas which is a “just and right” property division state, it is not uncommon for the stay at home spouse to end up with 60 percent of the community assets. Now that we have equal rights and many women are earning more than men, or the men are staying at home, it is not uncommon to find that the party that stays home still gets half of the assets, or more – even if he is a male.
Part of the court’s theory is that when one party stays home they enable the other party to devote additional time, effort and resources to furthering the working party’s career while at the same time retarding the stay at home spouse’s career; therefore, in a divorce the party that has sacrificed by staying home should be compensated to some degree by the party that has benefited from the assistance at home.
John K. Grubb practices family law in Houston. He has a BBA, MBA, and a JD Degree. John K. Grubb focuses a significant part of his family law practice on helping couples create premarital and prenuptial agreements in Texas.