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Last Modified on Nov 24, 2025
Financial implications can be incredibly overwhelming and life-changing when significant assets are at stake. A high-net-worth divorce in Texas usually involves unique challenges, complex property division, the need to navigate commercial matters in some cases, and careful planning.
For these reasons, most divorcing couples look into hiring a high-net-worth divorce attorney in Texas. Before you get started, it is essential to learn everything you can about how a high-net-worth divorce case unfolds. This way, you can preserve your wealth and take the right steps toward ensuring a stable transition to your next chapter in life.
Here’s What You Need to Know About High Net Worth Divorce in Texas
Texas has one of the lower divorce rates in the U.S., estimated at 1.4 divorces per 1,000 people, with common grounds including adultery and “insupportable” marriage under Texas’s no-fault system. While the overall rate may be lower, many divorces still occur each year, and a portion of those involve substantial assets, business interests, and complex financial structures that elevate the stakes considerably.
In addition, those who divorce after the age of 50 could expect their wealth to drop by as much as 50%, according to preliminary research. This is often due to asset liquidation and fewer opportunities to recover financially in the limited earning years that remain.
For individuals facing a high-net-worth divorce in Texas, this reality underscores the importance of understanding the financial issues that commonly arise when significant assets are on the line.
Division Won’t Always Be 50/50 for Property
When marriages end, many wonder whether the division will be split 50/50. This is not always the case, especially for high-net-worth individuals. In Texas, spouses are entitled to a “just and right” division of community property during the divorce. Property doesn’t have to be split equally, as Texas courts will determine what is fair.
In dissolution of marriage cases, the financial consequences can be significant, particularly for couples with substantial assets that have been accumulated over time. In high-net-worth divorces, property division often involves long-held investments, business interests, and other complex assets that require careful valuation and planning, rather than a simple or automatic split.
Under Texas divorce laws, a court may elect not to sell every asset when dividing and may award specific assets to one spouse by offsetting their value elsewhere in the property division. So, if you or your spouse has valuable items like artwork, a sports car, a holiday home, or jewelry that you bought during marriage, a judge can choose to decide who gets to keep those items.
Divorces Involving High-Net-Worth Can Take Longer
Every divorce is unique, but in Texas, high-net-worth divorces can potentially take much longer because there may be numerous assets to be discovered and divided.
It is usually a good idea to speak with a high-net-worth attorney who can investigate your case and give you a more accurate timeline. They can also help you establish whether a spouse is trying to hide any assets.
Prenuptial Agreements Are Not Always Upheld
When one gets married, they expect a prenuptial agreement to serve as a safeguard, especially in high-net-worth marriages.
Unfortunately, a prenuptial agreement does not necessarily resolve asset division issues in a high-net-worth divorce. In many situations, factors such as fraud, incomplete disclosure, and duress or coercion can lead a Texas court to refuse to uphold a prenuptial agreement.
Every Income Source Is Considered for Spousal Maintenance
Multiple sources of income are common among high-net-worth individuals. In a high-net-worth divorce, Texas courts meticulously examine the many sources of income, including stock options, bonuses, salaries, investments, business profits, and other financial streams such as property and trusts to determine spousal maintenance.
FAQs
What Is a High-Net-Worth Divorce in Texas?
In Texas, a high-net-worth divorce can involve complex assets, business ownership interests, as well as investments, real estate, trusts, stock options, and other property that together represent a substantial estate. The term is commonly used, informally, to describe divorces involving more than $1 million in total marital liquid assets.
Is There a Mandatory Wait for High-Net-Worth Divorces in Texas?
In Texas, there is a mandatory 60-day waiting period after you have filed for divorce. Typically, you would file a petition and, if needed, a temporary order. Afterward, discovery, mediation, and, potentially, settlement would follow before a final decree. In some situations, if the divorce is not contested, you can file on your own, but a lawyer can be an asset if the case is complex.
Does a Wife Get Half of a 401(k) in Divorce in Texas?
When a marriage is dissolving, it is common for a wife or husband to ask whether they will receive half of the husband’s 401(k) in a divorce. In Texas, if a 401(k) is classified as community property, the answer is yes. Any contributions made to the 401(k) during the marriage will be subject to division, while any made before marriage are separate and don’t count.
Who Loses More Financially in a Divorce?
Usually, it is the spouse who earns more or has more assets who is at risk of experiencing greater financial loss. This is especially true when alimony or child support is at play. However, it’s essential to know that the financial impact of a high-net-worth divorce can vary widely depending on many factors, including Texas laws, prenuptial agreements, how long you’ve been married, and your financial status.
Hire a High-Net-Worth Divorce Lawyer Today
Although you have a better understanding of high-net-worth divorces in Texas, there’s more to know than what has been shared. That’s why it may be time to hire a high-net-worth divorce lawyer like Jimmy Vaught of Counsel for the Eggleston Law Firm, who can fill in more of the details.
With more than 40 years of experience in family law and board certifications in family law and civil appellate law, Jimmy Vaught has the experience to handle high-net-worth divorce cases in Texas. If you need help with your complex case, contact our office today.
