No, not necessarily. If you and your spouse aren't able to negotiate a reasonable division, then a Judge will divide the assets and liabilities of the marriage in a "just, right, fair and equitable" manner - that doesn't necessarily mean 50/50. At the time you divorce, both of you have a 50% undivided interest in the community estate. If your case ends up in front of a Judge, then the Judge will make a “just and right division” of your estate. That may be a 50/50 split, it may be a 60/40 split or it may be something else. Although in Travis County, it’s rare for us to see greater than a 60/40 split unless there is extreme misbehavior or waste by one of the parties.