More couples are divorcing after 50, after 25 or 35 years together. New Braunfels and the surrounding Hill Country attract many retirees and near-retirees, from Canyon Lake to Garden Ridge, and Comal County courts see their share of long marriages ending. A divorce at this stage looks different from one at 35. There is less time to rebuild savings, health care costs loom larger, and adult children and grandchildren may be part of the picture. Our family law attorneys help older clients divide a lifetime of shared finances thoughtfully and protect their retirement security.
Why Gray Divorce Is Different
- Retirement assets are often the core of the estate, and they need to support two households now.
- Earning years are limited, so a property division mistake is harder to recover from.
- Health insurance and Medicare become central.
- Social Security strategy matters, even though the court does not divide it.
- Estate plans written for a married couple need to be rewritten.
- Children are usually adults, so custody is rarely an issue, but family dynamics still matter.
Dividing Retirement After a Long Marriage
After decades of marriage, most retirement savings are likely community property. Key points:
- 401(k)s and IRAs can be divided by QDRO or by transfer incident to divorce without immediate tax, if handled correctly.
- Pensions may already be paying benefits. An order can split payments going forward and should address survivor benefits.
- Texas public pensions like TRS and ERS have their own rules, and teachers and state employees may have limited or no Social Security from those jobs.
- Military retirement and federal plans follow federal rules.
Our retirement and QDROs page explains these in detail.
Income now vs. assets later
Many older couples face a choice: take a larger share of the retirement accounts or keep the paid-off house. A house provides shelter but not income, and maintenance, taxes and insurance continue. Retirement funds provide income but will be taxed when withdrawn. A financial planner can model how each option plays out over 20 or 30 years.
Social Security After Divorce
The court cannot divide Social Security. However, federal rules may let a divorced spouse claim benefits based on the ex-spouse’s work record if:
- The marriage lasted at least 10 years
- The divorced spouse is at least 62 and currently unmarried
- The ex-spouse is entitled to benefits (and, in some cases, the divorce has been final at least two years)
Claiming on an ex-spouse’s record does not reduce that ex-spouse’s own benefit. If you are close to the 10-year mark, the timing of the final decree may matter. Verify your options with the Social Security Administration.
Spousal Maintenance in Long Marriages
Texas spousal maintenance is limited, but longer marriages qualify for longer maximum durations:
| Length of marriage | Maximum duration |
|---|---|
| 10 to 20 years | 5 years |
| 20 to 30 years | 7 years |
| 30 years or more | 10 years |
The amount is capped at the lesser of $5,000 per month or 20% of the payor’s average monthly gross income. The requesting spouse must also lack enough property for minimum reasonable needs and, in long-marriage cases, show diligence in seeking work or skills, though age and health are considered. Many couples instead agree to contractual alimony. See spousal maintenance.
Health Insurance and Medicare
- Under 65: A spouse covered on the other’s employer plan may be eligible for COBRA continuation, typically up to 36 months for a divorced spouse, at full premium plus an administrative fee. Marketplace coverage is another option.
- 65 or older: Medicare enrollment, supplemental plans and Part D should be coordinated with the divorce timeline.
- Military retirees: A former spouse may keep TRICARE in limited circumstances under the 20/20/20 rule. See military divorce.
Build health care costs into any settlement budget. They are often the biggest surprise.
Estate Planning and Beneficiaries
A divorce changes who should inherit and make decisions for you. After the decree:
- Rewrite your will. Texas law generally treats provisions for a former spouse as revoked upon divorce, but you will want a new plan anyway.
- Update beneficiary designations on life insurance, retirement accounts, annuities and payable-on-death accounts. Federal law can override state revocation rules for some employer plans.
- Replace your powers of attorney and medical power of attorney. See powers of attorney.
- Review property deeds and survivorship accounts.
Do not change beneficiaries while the divorce is pending without legal advice, since temporary orders often prohibit it.
Separate Property After a Long Marriage
After 30 years, proving that something is separate property can be hard. Old statements are gone, and mixed accounts make tracing difficult. Inheritances received from parents during the marriage are common in gray divorces. Start gathering probate records, trust documents and old account records now. See separate property.
Adult Children and Family Relationships
Adult children often have strong feelings about a parent’s divorce. It helps to:
- Avoid asking them to take sides or carry messages
- Keep financial details between you and your advisors
- Plan ahead for shared events, such as weddings and grandchildren’s birthdays
If an adult child has a disability, support for that child may still be an issue, and Texas law allows support for an adult disabled child in certain circumstances.
Gray Divorce Considerations for Comal County Homeowners
Many long-married couples in New Braunfels and Comal County own homes that have appreciated significantly. Some qualify for an over-65 property tax exemption and freeze, which can change when ownership changes. Ask a tax professional how a transfer in the decree may affect your exemptions, and check with the appraisal district after the divorce.
Talk With a New Braunfels Divorce Attorney About Divorcing Later in Life
Divorcing after decades together is a major transition, but with a clear plan you can protect your retirement and your health care. Our family law team meets with clients in New Braunfels, Comal County and the surrounding Hill Country for a free consultation by phone, video or in person. Call (830) 302-4071. Se habla español.
Frequently Asked Questions
Can I get Social Security on my ex-spouse's record?
Under federal rules, a divorced spouse may be able to receive benefits based on an ex-spouse’s work record if the marriage lasted at least 10 years, the divorced spouse is at least 62 and unmarried, and other conditions are met. It does not reduce the ex-spouse’s own benefit. Check with the Social Security Administration for your situation.
Is spousal maintenance more likely after a long marriage?
Texas allows longer maximum durations for longer marriages: up to 7 years for a marriage of 20 to 30 years and up to 10 years for 30 years or more. The requesting spouse still must meet the eligibility rules and the amount is capped.
What happens to my will after divorce in Texas?
Texas law generally revokes provisions in a will in favor of a former spouse when the marriage is dissolved, and many nonprobate designations are affected too. But federal law can control some retirement plan beneficiary designations, so update every document rather than relying on automatic rules.
Can I stay on my spouse's health insurance after divorce?
Usually not as a dependent. If the plan is subject to COBRA, a divorced spouse may be able to continue coverage for a limited period, often up to 36 months, at full cost. If you are 65 or older, Medicare enrollment timing matters.
We are both retired. How do we divide our income?
Pension payments already in pay status can be divided by an appropriate court order, and accounts can be split by transfer. Social Security is not divided by the court. Many couples balance income streams and assets so both have predictable monthly income.
Last reviewed November 13, 2026. General information only, not legal advice.