Texas Divorce Laws: Property, Support & Custody Guide

Navigating a divorce in Texas can feel like traversing a complex and emotionally charged landscape. Beyond the personal adjustments, understanding the state's specific laws regarding the division of property, spousal support, and child support is crucial for protecting your financial future. This guide complements our Texas marital property division guide, providing essential legal information for those considering divorce.

This guide aims to provide Texans with clear, comprehensive, and compassionate information on these critical aspects of Texas divorce laws. While the journey is undoubtedly challenging, knowledge empowers you to make informed decisions and approach the process with greater confidence.

Decoding Community Property in Your Texas Divorce

A foundational concept in Texas divorce laws is that Texas Family Code § 3.002 classifies Texas as a community property state. This means most property acquired by either spouse during the marriage is owned equally by both, regardless of whose name is on the title or who earned the money.

Community Property vs. Separate Property: The Fundamental Distinction

Community Property Defined: According to Texas Family Code § 3.002, community property consists of all assets and debts acquired or earned by either spouse from the date of marriage until the date of divorce that are not classified as separate property.

Separate Property Defined: Separate property belongs exclusively to one spouse and is not subject to division in a divorce. It generally includes property owned before the marriage, gifts or inheritances received during the marriage, and personal injury recoveries except for lost wages.

The Presumption of Community Property: Texas Family Code § 3.003 presumes all property possessed by either spouse during the marriage is community property. The spouse claiming an asset as separate must prove it with clear and convincing evidence, often requiring meticulous tracing of funds.

Personal Example: Imagine Sarah received an inheritance of $50,000 and deposited it into a joint account. Without careful records, it can be difficult to prove those funds remain separate, and they might be treated as community property.

The "Just and Right" Division: More Than Just 50/50?

Once property is characterized as community property, Texas Family Code § 7.001 requires courts to divide it in a manner that is "just and right." While a 50/50 split is common, judges can award a disproportionate share based on factors like fault in the breakup, disparities in earning capacity, health, separate property owned, needs of the children, and evidence of wasting community assets.

Valuing Your Marital Estate: What's It All Worth?

1. Real Estate: Professional appraisals or comparative market analyses determine value. Options include selling and splitting proceeds or one spouse buying out the other.
2. Retirement Accounts: Only the portion accrued during marriage is community property. Division often requires a Qualified Domestic Relations Order (QDRO).
3. Business Interests: If started during marriage, a business is generally community property. Valuation may require experts and distinctions between enterprise and personal goodwill.
4. Bank Accounts: Funds earned during marriage are community property. Commingling can make tracing difficult.
5. Personal Property: Vehicles, furniture, and jewelry are typically valued at fair market value. High-value items may need appraisals.

Untangling Debts in Your Texas Divorce

Texas Family Code § 3.202 treats debts incurred during marriage as obligations of the community estate. Mortgages, credit cards, and auto loans must be divided. Remember that creditors are not bound by your divorce decree, so if an ex-spouse defaults on a joint debt, the creditor can pursue the other spouse.

Spousal Maintenance (Alimony) in Texas: Understanding Your Options

In Texas, alimony is called spousal maintenance and is intended to be temporary and rehabilitative under Texas Family Code §§ 8.051-8.054.

Eligibility for Spousal Maintenance

A spouse must lack sufficient property to meet minimal reasonable needs and meet one of these conditions:

• The paying spouse was convicted of family violence within two years of filing or during the divorce.
• The marriage lasted at least 10 years and the requesting spouse lacks the ability to earn sufficient income.
• The requesting spouse has an incapacitating physical or mental disability.
• The requesting spouse cares for a child of the marriage with a disability that prevents employment.

Factors Courts Consider & Limits on Amount and Duration

Courts evaluate each spouse's ability to provide for themselves, education and skills, marriage duration, age and health, misconduct, and contributions as a homemaker. Payments are capped at the lesser of $5,000 per month or 20% of the paying spouse's average monthly gross income. Duration ranges from five to ten years depending on the length of the marriage, and can be indefinite in disability cases.

Practical Tip: Because spousal maintenance is limited, thorough property division is vital for a lower-earning spouse's future. Consider consulting a Certified Divorce Financial Analyst (CDFA®).

Calculate Your Potential Spousal Maintenance

Use our calculator below to estimate potential spousal maintenance in Texas. The calculator is pre-set for Texas and takes into account the state's specific guidelines and limitations.

Texas Child Support: Ensuring Children's Financial Well-being

Texas calculates child support primarily based on a percentage of the non-custodial parent's net monthly resources.

Calculating "Net Monthly Resources" & Guideline Percentages

Net monthly resources include wages, self-employment income, interest, dividends, and rental income minus Social Security taxes, federal income tax for a single person, union dues, and the child's health insurance costs. As of 2024-2025 the cap is $9,200 per month. Guideline percentages apply to this capped amount: 20% for one child, 25% for two, and so on up to at least 40% for five or more children.

Duration and Modification of Child Support

Under Texas Family Code §§ 154.001 and 154.002, support typically lasts until a child turns 18 or graduates high school, whichever is later, and can continue indefinitely for a disabled adult child. Orders may be modified after a substantial change in circumstances or after three years if the amount differs significantly from guideline calculations.

Understanding How Parenting Time Affects Your Obligations

Your parenting schedule directly impacts child support calculations. Before finalizing custody arrangements, it's important to understand how different schedules affect overnight percentages and ultimately your financial obligations. Visualizing custody arrangements can help you make informed decisions about what works best for your family.

For more detailed schedule analysis and additional custody arrangements, visit our Parenting Schedule Calculator.

Navigating the Texas Divorce Process: Key Procedural Milestones

1. One spouse must reside in Texas for six months and in the filing county for 90 days before filing an Original Petition for Divorce. For a detailed walkthrough of the entire process, see our Texas divorce timeline guide.
2. The other spouse must be formally served with the petition.
3. A mandatory 60-day waiting period applies before the divorce can be finalized.
4. Temporary orders may govern custody, support, and bills while the divorce is pending.
5. Discovery allows exchange of information through disclosures, interrogatories, document requests, and depositions.
6. Mediation is often required before trial and can lead to a binding mediated settlement agreement.
7. The Final Decree of Divorce is the court order ending the marriage and detailing all terms.

Frequently Asked Questions

Is Texas a 50/50 state for property division? Texas is a community property state, but Texas Family Code § 7.001 directs courts to divide property in a "just and right" manner, which can result in an unequal division.

How long do I have to be married to get alimony in Texas? Typically you must be married at least 10 years unless there's family violence or disability factors.

Can my spouse and I agree to our own child support amount? Agreements are allowed but must be approved by the court and in the child's best interest.

What is the first step to filing for divorce in Texas? Ensure you meet the residency requirements and file an Original Petition for Divorce in the appropriate district court.

Conclusion

The journey through a Texas divorce involves complex laws related to property division, spousal maintenance, and child support. Understanding these rules empowers you to make informed decisions that shape your future. DivorceAI is h ere to provide resources and support as you navigate this challenging time and build a secure future.

Schedule a confidential consultation with a DivorceAI specialist to understand your options and create a clear path forward.

Legal References

• Texas Family Code § 3.002 – Defines community property.
• Texas Family Code § 3.003 – Presumption of community property and burden to prove separate estate.
• Texas Family Code § 7.001 – Requires a “just and right” division of the community estate.
• Texas Family Code §§ 8.051-8.054 – Eligibility, factors, and caps for spousal maintenance.
• Texas Family Code §§ 154.001-154.002 – Duration of child support and support for adult disabled children.
• Texas Family Code § 6.301 – Residency prerequisites for filing.
• Texas Family Code § 6.702 – Sixty-day waiting period and family-violence exceptions.
• Texas Family Code § 6.602 – Mediated settlement agreements.