*Husbands and wives alike may have important rights and obligations involving property, support, children, and debt.*
In a Texas divorce, each spouse is generally entitled to a fair and just share of the community property, and may be entitled to spousal maintenance, child custody and support, and the protection of their separate property. Texas is a community property state, so the law starts from the principle that most assets and debts acquired during the marriage belong to both spouses equally. But “equal” and “fair” are not always the same thing, and the details matter enormously.
This guide explains, in plain terms, what you can expect to be entitled to when you divorce in Texas, and where an experienced Austin family lawyer can make a real difference.
Texas Is a Community Property State: What That Means
Texas law presumes that everything you and your spouse acquired during the marriage is community property, owned jointly. In a divorce, the court divides this property in a way it considers “just and right.” That usually means roughly equal, but a judge can award a larger share to one spouse based on factors such as:
- Each spouse’s earning capacity and education
- Fault in the breakup of the marriage (e.g., adultery or cruelty)
- Who will have primary custody of the children
- The health and age of each spouse
- Wasting of community assets by one spouse
So neither spouse is automatically entitled to exactly half, each is entitled to a just and right share, which can be more or less than 50% depending on the circumstances.
What Counts as “Separate Property” (and Stays Yours)
Separate property is not divided in a Texas divorce. You keep what is legally yours. Separate property generally includes:
- Anything you owned before the marriage
- Gifts given specifically to you
- Inheritances you received
- Certain personal injury awards (for pain and suffering)
The catch: you must be able to prove an asset is separate with clear and convincing evidence. Without documentation, the court treats it as community property. This is one of the most common, and costly, areas where good legal representation pays off.
Spousal Maintenance (Alimony) in Texas
Texas does not guarantee alimony, and “permanent alimony” is rare. A spouse may be entitled to spousal maintenance if they lack enough property or income to meet their minimum reasonable needs and one of the following applies:
- The marriage lasted 10 years or longer, and that spouse cannot earn enough to be self-supporting
- The other spouse was convicted of family violence
- That spouse has a disability that prevents self-support
- That spouse cares for a child with a disability that prevents them from working
When maintenance is awarded, Texas law caps both the amount and the duration. An attorney can assess whether you qualify and how much you may receive.
Child Custody and Child Support
If you have children, what you’re “entitled to” is framed around their best interest, not the parents’. Texas uses the term conservatorship rather than “custody.” Either parent may be entitled to:
- Primary custody (the right to decide the child’s primary residence)
- A standard or expanded possession schedule (parenting time)
- Child support, calculated from the paying parent’s net income and the number of children
Both parents have equal rights under Texas law, courts decide based on the child’s needs, stability, and each parent’s involvement, never on the parent’s gender.
What About the House and Retirement Accounts?
Two of the biggest questions in most divorces:
- The marital home: If purchased during the marriage, it’s community property. Options include selling and splitting proceeds, one spouse buying out the other, or one spouse keeping it in exchange for other assets.
- Retirement accounts: The portion of a 401(k), pension, or IRA earned during the marriage is community property and divisible, often via a Qualified Domestic Relations Order (QDRO).
How an Austin Family Lawyer Protects What You’re Entitled To
Knowing the rules is one thing; securing your fair share is another. A Texas family lawyer can:
- Identify and trace separate property so it isn’t wrongly divided
- Value the marital estate accurately, including hidden or undervalued assets
- Negotiate a settlement that protects your home, retirement, and future
- Advocate for fair maintenance and a custody arrangement that works for your family
Frequently Asked Questions
This content is general information about Texas law and is not legal advice. Reading it does not create an attorney-client relationship.
About Bollier Ciccone Stinson LLP
Bollier Ciccone Stinson LLP is a boutique law firm in Austin, Texas, providing trusted legal representation in family law, high-asset divorce and child custody, construction law, business law, and real estate law. Since 1990, the firm’s experienced attorneys have delivered strategic, personalized legal solutions and strong results for individuals, families, developers, property owners, and businesses.
Known for deep legal expertise, compassion, and a collaborative, team-based approach, Bollier Ciccone Stinson LLP offers comprehensive counsel in high-stakes matters, including contested custody and complex asset division, construction contracts and disputes, commercial and residential real estate transactions, business formation and litigation, and complex civil litigation. The firm’s attorneys are widely recognized for professional excellence, with many holding Board Certifications in their practice areas and receiving respected industry honors, reflecting the firm’s commitment to superior client service and ethical advocacy.
Bollier Ciccone Stinson LLP serves clients throughout Central Texas, including Austin, Round Rock, Georgetown, Taylor, Hutto, Cedar Park, Leander, Pflugerville, Manor, Bee Cave, Sunset Valley, Circle C, Westlake, Lake Travis, Dripping Springs, Driftwood, and across the entire State of Texas.
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