Gray Divorce Attorneys in Bryan, Texas
You didn’t spend 25 or 35 years building a life with your husband or wife just to walk away from it empty-handed. If your marriage is ending later in life, certain things become very important. Will you be able to support yourself? What about retirement and your future plans?
At C.E. Borman & Associates, we handle gray divorce cases throughout Brazos County, including Bryan, College Station, and the surrounding communities. Attorney C.E. Borman brings decades of experience in tough divorce cases, and she understands what is at risk when a long marriage ends. Our law firm is built for exactly this kind of work.
Gray divorce is the term used for divorces involving couples who are generally 50 years old or older. The name comes from the stage of life, not any single legal definition. These cases tend to involve longer marriages, more accumulated assets, and far less time to recover financially if things go wrong.
A couple in their 30s divorcing after five years of marriage may have a house, two car payments, and some savings. A couple divorcing after 30 years may have a paid-off home in Midtown Bryan, a 401(k) with decades of contributions, a rental property, and a business that one spouse has run for 20 years. Untangling that is not simple. It requires careful analysis and someone who knows how to protect your position.
Gray divorce rates have been climbing nationally, and Texas is no exception. Long marriages end for many reasons. Some couples grow apart after children leave home. Others find that retirement brings new tensions rather than new peace. Whatever brought you to this point, the legal and financial challenges ahead are real, and they deserve serious attention.
Texas is a community property state. That means most property acquired during the marriage is considered jointly owned, regardless of whose name is on the account or whose paycheck funded it. After decades of marriage, community property can include:
Separate property, meaning assets owned before the marriage or received as gifts or inheritances, may be protected. But after 30 years or more of shared finances, separate and community funds often get mixed together. Proving that something is truly separate property requires clear documentation. Without it, a court may treat it as community property subject to division.
Spousal maintenance, sometimes called alimony, is financial support paid by one spouse to the other after a divorce. Texas takes a limited approach to it. Courts do not award it freely, and it is not designed to be permanent income.
To qualify for court-ordered spousal maintenance in Texas, certain conditions generally must be met. The marriage typically needs to have lasted at least 10 years, and the spouse seeking support must lack enough property or income to meet their basic needs. Courts also consider factors such as age, health, earning capacity, and the length of time one spouse may have been out of the workforce.
In gray divorce cases, these factors come up often. A spouse who stepped away from a career to raise children or support the household may have limited earning options after decades away from the job market. Similarly, a chronic health condition can be a barrier to financial independence.
When maintenance is awarded based on the marriage length, the number of years the payments will continue depends on how long the marriage lasted:
Texas law also caps the monthly amount at either $5,000 or 20 percent of the paying spouse’s gross monthly income, whichever is less.
And another thing worth knowing: even when court-ordered maintenance is not available, the parties may negotiate contractual alimony as part of a settlement agreement. That type of arrangement is not subject to the same statutory caps and can sometimes provide more flexibility. An experienced attorney can walk you through both options and help you understand which path may make sense in your situation.
This comes up more often than people expect. In many long marriages, one spouse manages the money. They handle the investments, track the retirement accounts, run the business books, and know where everything is. The other spouse may have focused on the household, raised the children, or simply trusted their partner to handle it.
When that marriage ends, the spouse who was not involved in the finances can feel completely lost. And that feeling can be costly if it leads to accepting a settlement that does not reflect the full picture.
If this is your situation, a few things matter right away:
A forensic accountant or financial advisor can be a valuable part of your team in cases where one spouse controlled the finances. Our attorneys at C.E. Borman & Associates have worked on cases involving hidden assets, undervalued businesses, and incomplete financial disclosures. We know what to look for, and we know how to push for full transparency.
If your spouse ran a business near the Texas A&M University Research Valley corridor or operated a company with assets tied to the Bryan-College Station area economy, proper business valuation becomes a key part of the case. Getting that number right matters.
Retirement accounts are often the largest asset in a gray divorce, and they require careful handling. The portion of a retirement account earned during the marriage is generally treated as community property in Texas. The portion earned before the marriage may be treated as separate property, though proving that distinction requires documentation.
Dividing employer-sponsored plans like a 401(k) or pension typically requires a specific legal document called a Qualified Domestic Relations Order, commonly known as a QDRO. This court order directs the plan administrator to divide the account according to the terms of the divorce decree. Without a properly prepared QDRO, the division may not happen correctly, and tax consequences could follow.
Different types of accounts have different rules. IRAs are handled differently than pension plans. Military retirement benefits involve their own set of federal rules. Getting the details right at this stage protects you from problems years down the road, when you actually need those funds.
Gray divorce cases are not routine. They involve complex property division, retirement account issues, potential spousal maintenance disputes, and sometimes business valuation. They also tend to be emotionally charged. You may be dealing with the end of a decades-long relationship while simultaneously trying to protect your financial future.
C.E. Borman has spent decades handling difficult divorce cases in Brazos County and the surrounding region. She has helped clients in Bryan, College Station, Hearne, Navasota, and communities across the area emerge from hard divorces on solid ground. Her approach is direct. She does not sugarcoat the challenges, and she does not make promises she cannot keep. What she does is fight hard for her clients and make sure they go into every decision with clear information.
Our law office understands that for many people going through a gray divorce, this is not just a legal matter. It is about whether you will be financially secure for the rest of your life.
We’ll learn more about your situation and discuss your options for moving forward.
Together, we’ll get to work resolving your issues – representing you through mediation and, if necessary, in court.
Texas does not recognize permanent alimony in the traditional sense. Court-ordered spousal maintenance has defined time limits based on how long the marriage lasted. Even in marriages of 30 years or more, maintenance is generally capped at ten years. However, maintenance can continue past that point if the recipient has a qualifying disability or is a caregiver to a disabled child.
Otherwise, the goal under Texas law is to provide temporary support while the receiving spouse works toward financial independence, not to create an ongoing obligation without end. Contractual alimony, agreed to by both parties, can sometimes be structured differently, but that requires negotiation and a written agreement as part of the divorce settlement.
Retirement funds accumulated during the marriage are generally treated as community property and subject to division. The portion earned before the marriage may be considered separate property if it can be documented. Dividing most employer-sponsored plans requires a Qualified Domestic Relations Order, or QDRO, which is a specialized court order that instructs the plan administrator how to split the account. Different account types, including 401(k) plans, pensions, and IRAs, each have their own rules. Mistakes in this process can trigger taxes and penalties, so it is important to work with an attorney who handles these documents regularly.
Social Security benefits are not divided by Texas courts as part of a divorce. However, federal Social Security rules may allow you to claim benefits based on your ex-spouse’s work record if you were married for at least 10 years, you are at least 62 years old, you are currently unmarried, and your own benefit would be lower than the spousal benefit. Claiming on an ex-spouse’s record does not reduce their benefit or affect what they receive. This is worth discussing with a financial advisor or Social Security representative as part of your overall retirement planning after divorce.
