During a divorce, if the parties are unable to reach a settlement agreement, the court will divide marital property in a just and equitable manner (which does not always mean 50/50).
Marital property is defined as property acquired during marriage, except for by gift/inheritance.
The statute is located here:
This discusses the equitable division:
Some of the factors to be considered are:
the parties' earning ability (typically given signficiant weight for long term marriages where one spouse is a homemaker and therefore will not be able to earn as much money in the future due to lack of work experience, particularly if elderly)
the parties' respective financial situation
any financial misconduct during marriage (ie mismanaging marital property)
needs of minor children
Most courts are tending to lean away from taking into consideration one's non-financial conduct (ie affairs)
Each judge has great discretion in determining the division of property- as to what they deem to be fair; so it is impossible to determine what a particular judge will do.
For spousal support ("maintenance") the statute is here:
The court will generally award support if one party is unable to support themselves. The idea is for both parties to continue to enjoy the standard of living achieved during marriage, after taking into consideration the fact that 2 homes are more expensive to maintain than one.
The court will first need to determine if support is proper; basically they would need to find that the spouse does not have sufficient assets/income to support oneself (including separate property) and is unable to support oneself due to an incapacitating physical or mental disability; inability due to child rearing responsibilities as the custodian of a child of the marriage whom requires substantial care and supervision due to a disability; or it is a long term marriage (10 years plus).
According to section 8.052, if support is proper, the court will take into account the following factors:
(1) each spouse's ability to provide for that spouse's minimum reasonable needs independently, considering that spouse's financial resources on dissolution of the marriage;
(2) the education and employment skills of the spouses, the time necessary to acquire sufficient education or training to enable the spouse seeking maintenance to earn sufficient income, and the availability and feasibility of that education or training;
(3) the duration of the marriage;
(4) the age, employment history, earning ability, and physical and emotional condition of the spouse seeking maintenance;
(5) the effect on each spouse's ability to provide for that spouse's minimum reasonable needs while providing periodic child support payments or maintenance, if applicable;
(6) acts by either spouse resulting in excessive or abnormal expenditures or destruction, concealment, or fraudulent disposition of community property, joint tenancy, or other property held in common;
(7) the contribution by one spouse to the education, training, or increased earning power of the other spouse;
(8) the property brought to the marriage by either spouse;
(9) the contribution of a spouse as homemaker;
(10) marital misconduct, including adultery and cruel treatment, by either spouse during the marriage; and
(11) any history or pattern of family violence, as defined by Section 71.004.
Length of support is also mandated by statute:
Sec. 8.054. DURATION OF MAINTENANCE ORDER. (a) Except as provided by Subsection (b), a court:
(1) may not order maintenance that remains in effect for more than:
(A) five years after the date of the order, if:
(i) the spouses were married to each other for less than 10 years and the eligibility of the spouse for whom maintenance is ordered is established under Section 8.051(1); or
(ii) the spouses were married to each other for at least 10 years but not more than 20 years;
(B) seven years after the date of the order, if the spouses were married to each other for at least 20 years but not more than 30 years; or
(C) 10 years after the date of the order, if the spouses were married to each other for 30 years or more; and
(2) shall limit the duration of a maintenance order to the shortest reasonable period that allows the spouse seeking maintenance to earn sufficient income to provide for the spouse's minimum reasonable needs, unless the ability of the spouse to provide for the spouse's minimum reasonable needs is substantially or totally diminished because of:
(A) physical or mental disability of the spouse seeking maintenance;
(B) duties as the custodian of an infant or young child of the marriage; or
(C) another compelling impediment to earning sufficient income to provide for the spouse's minimum reasonable needs.
(b) The court may order maintenance for a spouse to whom Section 8.051(2)(A) or (C) applies for as long as the spouse continues to satisfy the eligibility criteria prescribed by the applicable provision.
(c) On the request of either party or on the court's own motion, the court may order the periodic review of its order for maintenance under Subsection (b).
(d) The continuation of maintenance ordered under Subsection (b) is subject to a motion to modify as provided by Section 8.057.
If a spouse is voluntarily un/underemployed, the court can take that into consideration because they will not reward a spouse that unjustly refuses to be self sufficient.
I hope I've answered your question to your satisfaction. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask and I will get do my best-- If I have fully answered your question to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent. Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating! Thank you; it's been a pleasure to assist you.