When a marriage involves a company, partnership interest, professional practice, or closely held business, divorce can become far more complex than a typical property division case. In Texas, the court does not simply ask who founded the business or whose name appears on the formation documents. Instead, the legal analysis often focuses on whether all or part of the business interest is community property, whether any portion is separate property, what the business is worth, and whether one marital estate has claims against another.

For many spouses in Austin and Central Texas, the business is the most valuable asset in the marital estate. It may also be the primary source of family income, a legacy built over many years, or an enterprise that includes complicated books, distributions, retained earnings, goodwill questions, and tax-sensitive planning issues. That is why divorce and business valuation often require a coordinated approach involving family law counsel, business counsel, forensic accountants, and valuation professionals. Texas law provides the framework, but the facts and the quality of the financial evidence often drive the outcome.

In Texas, a business in divorce may be treated as community property, separate property, or a mix of both, depending on when and how the ownership interest was acquired and how the business was managed during the marriage. Before a court can divide or offset that interest, the parties often need to address characterization, reimbursement issues, and a defensible business valuation. This guide from the BCS Law team walks through the core legal and financial issues involved.

Why Business Valuation Matters in Texas Divorce

In a Texas divorce, a court must divide the parties’ marital estate in a manner the court considers “just and right,” while respecting the rights of each spouse and any children of the marriage.¹ Texas is a community property state, but that does not mean every asset is split 50/50. The court’s task is an equitable division of the community estate under the statute.

That principle becomes especially important when the marital estate includes business assets. A closely held company cannot usually be divided the way a bank account can. One spouse may continue operating the company after divorce, while the other may seek an offset through other property, a structured buyout, or another negotiated solution. Before any of that can happen, the parties and the court need a reliable valuation. That is a central component of divorce and business valuation: identifying the business interest, characterizing it correctly, and determining its value using defensible methods.

The First Question in Texas Divorce: Is the Business Community Property or Separate Property?

Texas law starts with a strong presumption: property possessed by either spouse during or at the dissolution of marriage is presumed to be community property.² A spouse claiming an asset as separate property must prove that claim by clear and convincing evidence. Separate property generally includes property owned before marriage, property acquired during marriage by gift or inheritance, and certain personal injury recoveries.

Applied to divorce and business ownership, that means the analysis is rarely as simple as “I started the company before we got married.” A business formed before marriage may still have a separate property component, but growth during the marriage can raise additional issues. Community funds may have been invested into the business. A spouse may have contributed substantial time, toil, talent, or effort to enhance the value of a separately owned business beyond what was reasonably necessary to manage and preserve it, without adequate compensation to the community estate. In some cases, that may support a reimbursement claim under the Texas Family Code.

Texas business entity law also recognizes that an ownership interest itself may be community property under applicable law. That distinction can matter when the divorce involves an LLC, partnership, or family-owned operating company.

Why Valuation Experts are Often Essential in High-Asset Divorce

In high-asset divorce cases, valuation disputes are common because a business’s value is not always obvious from a tax return or a balance sheet. In practice, formal valuations and forensic analysis of a closely held company or partnership during divorce are often invasive, time-consuming, and expensive. That is often the reality in these cases. Many privately held businesses do not have a ready market price, and their records may not fully capture normalized earnings, owner benefits, contingent liabilities, or the effect of market conditions.

A qualified valuation expert may analyze items such as historical financial statements, tax returns, compensation practices, discretionary expenses, debt structure, cash flow, customer concentration, and whether the business depends heavily on one owner’s personal services. In the right case, a forensic accountant may also help trace separate and community contributions, investigate unusual transfers, test the reliability of reported income, and identify whether personal expenses were paid through the business. These issues often overlap with divorce and business assets, particularly where one spouse suspects underreported income or an understated company value.

Key Legal Issues that Often Affect Business Value

1. Characterization of the Ownership Interest

A court must first determine whether the ownership interest is separate property, community property, or mixed in character. The inception-of-title rule and tracing evidence often matter here. If the business began before marriage, the original interest may be separate, but later acquired interests, capital contributions, or marital labor issues can still create claims that affect the overall division.

2. Reimbursement Claims

Texas Family Code Section 3.402 recognizes reimbursement claims between marital estates in certain circumstances. One notable example can arise when a spouse’s time, toil, talent, or effort is used to enhance the value of a separately owned business beyond what is reasonably necessary to manage and preserve it, without adequate compensation to the community estate. In practical terms, this may happen where a spouse leaves significant profits in the company, takes below-market compensation, or uses community effort to enhance a separate property business without fairly compensating the community estate.

3. Goodwill and Earning Capacity Questions

Business valuation in divorce may involve disputes over enterprise value versus value tied more directly to an owner’s future personal earning capacity. In professional practices and owner-driven companies, that distinction can materially affect value. Because these issues are heavily fact dependent and often expert driven, the strength of the valuation report and testimony matters.

4. Control, Marketability, and Liquidity

A minority interest in a closely held business may not carry the same value as full control of the company. Likewise, a private business may not be easily sold. Those realities can influence valuation methodology and settlement structure, especially where an Austin-area company is locally operated and intended to remain with one spouse after divorce.

Austin and Central Texas Considerations

Austin’s economy includes founder-led startups, professional practices, family real estate companies, construction businesses, medical groups, consulting firms, and closely held service businesses. In these cases, business value may be tied not only to hard assets, but also to recurring contracts, intellectual property, management depth, and regional market conditions. A valuation that overlooks those factors can distort the true picture. This is one reason why divorce and business valuation in Central Texas often requires professionals who understand both Texas family law and the financial realities of local businesses. 

Common Mistakes Business Owners and Spouses Should Avoid

One of the biggest mistakes is assuming the business can be valued from a single tax return. Another is treating formation date as the end of the characterization inquiry. A third is waiting too long to collect records, trace ownership history, or retain the right expert. In divorce and business ownership disputes, incomplete financial evidence can make settlement harder and trial riskier. Where the business supports the household, errors in valuation can also affect related issues such as support, cash flow planning, and post-divorce financial stability.

A Practical Legal Strategy for Business Owners Facing Divorce in Texas

In our experience, the most effective approach is usually disciplined and evidence-driven. That usually means identifying all ownership documents, formation records, tax returns, compensation records, partnership or operating agreements, buy-sell terms, debt records, and major financial statements early. It also means evaluating whether separate property tracing is available, whether reimbursement issues exist, and whether a neutral or party-retained valuation expert is appropriate. Texas law supplies the rules, but credible documentation and expert analysis often shape the result in cases involving divorce and business assets.

Final Thoughts: Divorce and Business Valuation in Texas

Divorce and business valuation can be one of the more complex and fact-intensive aspects of Texas divorce law. When a marriage includes a company, partnership, practice, or other closely held business, the stakes are often high for both spouses. The court may need to address characterization, tracing, reimbursement, expert valuation, and a just-and-right division of the community estate. For Austin families with substantial business interests, careful legal and financial analysis is often critical to protecting both ownership rights and long-term financial security.

This guide is only meant to give you a foundational understanding of what to expect during the divorce and business valuation process, not to offer legal advice. To understand the full scope of your potential case, you need an experienced attorney. If your divorce involves a business, partnership interest, professional practice, or other closely held company, contact the experienced BCS family law team for a consultation. In cases involving business ownership, that can be especially valuable because BCS also has an experienced business law team to help clients navigate entity documents, ownership structures, and other issues that often overlap with family law.

Bollier Ciccone Stinson LLP’s family law team is uniquely experienced in understanding the process of asset disclosure and valuation, and how to safeguard your interests in those assets. The BCS family law practice is led by veteran Family Law attorneys Leslie Bollier and Susannah Stinson who are Board Certified in Family Law by the Texas Board of Legal Specialization.

1. See Tex. Fam. Code § 7.001.
2. See Tex. Fam. Code § 3.003(a)-(b).
3. See Tex. Bus. Orgs. Code § 101.106(a-1), (a-2).

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. 

Learn more at BClawTX.com.

The post Divorce and Business Valuation in Texas: What Austin Business Owners Need to Know appeared first on Bollier Ciccone Stinson Law Texas.

Divorce can be emotionally and financially challenging under any circumstances. However, when significant wealth and complex financial holdings are involved, the stakes increase dramatically. High-asset divorces in Texas require careful legal strategy, financial analysis, and an experienced team capable of managing sophisticated property portfolios.

At BCS Law in Austin, Texas, we frequently work with entrepreneurs, executives, investors, physicians, and other individuals with substantial or complex assets as they work to protect their financial futures during divorce. These cases often involve multiple real estate holdings, investment portfolios, business ownership interests, and high-income structures that require careful legal and financial analysis.

Below, we explain what makes a high-asset divorce unique and how an experienced Austin high-asset divorce attorney can help navigate complex property division issues.

What Is a High-Asset Divorce?

A high-asset divorce generally involves a substantial marital estate, often including seven-figure assets, or property that is unusually complex to identify, value, or divide. These may include businesses, investment portfolios, intellectual property, or multiple real estate holdings.

Common assets involved in high-net-worth divorces include:

• Primary residences and vacation homes
• Commercial real estate and rental portfolios
• Stocks, stock options, and investment funds
• Business ownership or partnership interests
• Retirement accounts and pensions
• Art, collectibles, luxury vehicles, and jewelry
• Trusts or inherited assets

Because these assets can fluctuate in value and may involve complicated ownership structures, proper valuation and classification are critical to ensuring an equitable outcome.

Texas Community Property Laws and High-Asset Divorce

Texas is a community property state, which means property acquired during the marriage is generally presumed to be community property. However, Texas courts do not automatically divide community property equally. Instead, courts divide community property in a manner that is “just and right”¹ based on the circumstances of the case.

This distinction becomes especially important in high-asset divorces. Judges may consider factors such as:

• Differences in earning capacity between spouses
• Who managed or contributed to the growth of assets
• Fault in the breakup of the marriage, where relevant
• Future financial needs of each spouse
• Disparity in education or earning power

Additionally, property owned before the marriage, inherited assets, and gifts are typically considered separate property, though proving this classification often requires extensive documentation and financial tracing.²

Identifying Complex Assets in a High-Net-Worth Divorce

One of the most challenging aspects of high-asset divorce is identifying the full scope of marital assets. Wealthy couples often hold assets across multiple accounts, business entities, and investment structures.

An experienced Austin high-asset divorce attorney typically begins by conducting a comprehensive financial review, which may involve:

• Reviewing tax returns and financial statements
• Identifying corporate ownership structures
• Examining investment and brokerage accounts
• Analyzing real estate holdings and equity
• Investigating trusts, layered entity structures, or assets held through multiple entities

Accurate asset identification promotes transparency and reduces the risk that critical assets are overlooked during property division.

The Role of Forensic Accounting in High-Asset Divorce

In many high-net-worth divorces, forensic accountants play a crucial role. These financial professionals analyze financial records to uncover hidden assets, trace financial transactions, and determine the true value of complex holdings.

Forensic accountants may:

• Analyze tax filings and corporate records
• Trace the origin of funds used to purchase assets
• Identify unusual transfers or undisclosed accounts
• Assess business income and cash flow

Their work ensures that all assets are properly disclosed and categorized, which is essential for a fair division of property.

This level of financial scrutiny is particularly important when spouses suspect that hidden assets are being concealed through shell companies, trusts, or international accounts.

Valuation Experts and Appraisers

Another key component of a high-asset divorce is accurate asset valuation. Many valuable assets, such as businesses or commercial real estate, do not have straightforward market values.

In these cases, attorneys often collaborate with valuation professionals such as:

• Business valuation experts
• Certified public accountants (CPAs)
• Real estate appraisers
• Investment analysts
• Pension and retirement specialists

These experts provide objective assessments of assets including privately held companies, stock options, intellectual property, and large real estate portfolios.

Proper valuation matters because even modest differences in estimated value can materially affect the outcome of property division.

Dividing Real Estate and Non-Liquid Assets

Austin’s booming real estate market means that many high-net-worth couples hold significant property assets. These may include:

• Luxury primary residences
• Investment properties
• Commercial real estate
• Land or development projects

Unlike cash assets, real estate is non-liquid, meaning it cannot easily be divided. Courts and attorneys often use strategies such as:

• Property buyouts
• Selling assets and dividing proceeds
• Structured property settlements

In some cases, one spouse may retain property while compensating the other with investment accounts or other assets of comparable value.

Why BCS’s In-House Family Law, Real Estate, and Business Team Matters

When a high-asset divorce involves homes, investment properties, commercial real estate, or other non-liquid assets, having family law and real estate attorneys in-house can provide meaningful advantages. At Bollier Ciccone Stinson LLP, our family law, business, and real estate lawyers work under one roof, which allows for more coordinated analysis of property characterization, title issues, refinancing requirements, deed preparation, and transfer logistics. 

When a marital estate also includes closely held businesses or partnership interests, coordination with the firm’s business law team may also be beneficial. This integrated approach can help reduce delays, avoid inconsistencies, and better position clients when real estate is a significant part of the marital estate.

An in-house team can help with:

• Coordinating property division strategy with real estate transfer requirements
• Evaluating title, deed, and refinancing issues early in the process
• Reducing the need to bring in outside real estate counsel
• Helping structure property-related provisions to avoid post-divorce complications

Handling Stocks, Investments, and Executive Compensation

Executives and business owners frequently receive compensation through stock options, restricted shares, or deferred bonuses. These assets can complicate divorce settlements because their value may fluctuate or vest over time.

In high-asset divorce cases, attorneys must evaluate:

• Stock option vesting schedules
• Restricted stock units (RSUs)
• Retirement plans and pensions
• Deferred compensation packages

In some cases, specialized orders such as Qualified Domestic Relations Orders (QDROs) may be necessary to divide certain retirement accounts properly and help avoid unnecessary tax consequences.

High Income, Child Support, Spousal Maintenance, and Alimony

High-net-worth divorces may also raise complex issues involving child support and, in some cases, spousal maintenance. Texas law provides statutory frameworks for these issues, but higher-income households often require closer analysis of income sources, compensation structures, and lifestyle considerations.

Financial experts may analyze:

• True income from business ownership
• Investment earnings and dividends
• Lifestyle expenses during the marriage
• Future earning capacity

Accurate financial analysis helps ensure that support arrangements are just and right, and reflect the couple’s actual financial circumstances.

Spousal maintenance is sometimes referred to as alimony, though in Texas ‘spousal maintenance’ is the legal term for court-ordered support, while ‘alimony’ often refers to contractual agreements between spouses.

Protecting Separate Property and Premarital Assets

Many high-net-worth individuals enter marriage with substantial assets already in place, such as business interests or investment portfolios. Protecting these assets during divorce requires careful tracing to prove they were acquired before the marriage.

Complications arise when separate property becomes commingled with marital funds—for example, when business income or investments are reinvested during the marriage.

In these cases, forensic accountants and legal teams may reconstruct financial histories to demonstrate which portions of an asset remain separate property.

Why Experience Matters in High-Asset Divorce

High-net-worth divorce cases involve financial and legal complexities that extend far beyond typical divorce proceedings. Without experienced representation, mistakes in asset classification or valuation can result in substantial financial loss.

An experienced Austin high-asset divorce attorney or legal team can provide:

• Strategic financial investigation
• Collaboration with valuation experts
• Protection of separate property claims
• Sophisticated negotiation and litigation strategies

These cases require both legal knowledge and financial sophistication to achieve an equitable outcome.

Final Thoughts: High-Asset Divorce in Texas

Divorce involving substantial wealth is rarely straightforward. Complex financial portfolios, real estate holdings, and business interests require careful evaluation to ensure a fair and legally sound division of property.

Working with an experienced Austin high-asset divorce attorney allows high-net-worth individuals to navigate the process with confidence. With experienced legal guidance and appropriate financial analysis, parties can make more informed decisions about property division and long-term financial planning.

If you are considering divorce and have significant assets, seeking experienced legal guidance early in the process can make a critical difference in the outcome.

At every step, the BCS family law team stands ready to help you protect your financial interests and pursue a fair outcome in your divorce.

Bollier Ciccone Stinson LLP’s family law team is highly experienced in understanding the process of asset disclosure and valuation, and how to safeguard your interests in those assets. The BCS family law practice is led by veteran attorneys Leslie Bollier and Susannah Stinson who are Board Certified in Family Law by the Texas Board of Legal Specialization.

¹ Tex. Fam. Code § 7.001.

² Tex. Fam. Code §§ 3.001, 3.003.

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.

Learn more at BClawTX.com.

The post Navigating the Complexities of a High-Asset Divorce in Austin, Texas appeared first on Bollier Ciccone Stinson Law Texas.

Why Hidden Assets Matter in Texas Divorce

Going through a divorce is emotionally stressful, especially when you suspect your spouse is hiding assets to avoid fair division. Hiding assets in divorce not only jeopardizes your financial future but may also violate Texas discovery rules and court orders. The BCS Law team can help you fully understand how to uncover hidden assets and enforce disclosure to protect your rights and help secure an equitable property division.

In Texas, marital property is subject to a “just and right” division.¹ This includes all assets acquired during the marriage, regardless of whose name appears on title documents. Concealing assets undermines this legal responsibility and can lead to serious penalties, including monetary sanctions, loss of credibility, disproportionate property division, or even potential criminal exposure in certain circumstances.

Common Ways Spouses Hide Assets

Understanding how spouses hide assets is essential to spotting suspicious behavior early in your case. These tactics may appear simple, but can be difficult to detect without professional review.

• Secret Bank Accounts: Opening accounts in other financial institutions or in another person’s name.
• Undisclosed Real Estate: Holding property under a business entity or a family member’s name.
• Transferring Funds to Third Parties: Gifting or selling assets to friends/family before filing.
• Underreporting Income: Especially common with self-employment or business owners.
• Overpaying Debts or Taxes: Temporarily reducing visible assets near filing.
• Cryptocurrencies or Digital Assets: Storing wealth in digital wallets or accounts.
• Offshore Accounts: Funds in foreign banks or investments.

These concealment efforts undermine the court’s ability to divide property in a just and right manner under Texas Family Code § 7.001. If discovered, they can have serious legal consequences.

Red Flags: Signs Your Spouse May Be Hiding Assets

Not all hidden assets are obvious, but there are common warning signs that warrant closer investigation:

• Unexplained Withdrawals or Transfers: Large amounts moving out of shared accounts with no clear purpose.
• Sudden Changes in Lifestyle: Expensive purchases or travel inconsistent with reported income.
• Inconsistent Financial Statements: Data that doesn’t match tax documents or spending patterns.
• Missing or Withheld Financial Records: Refusal to provide bank, investment, or retirement account info.
• Changed Passwords or Lost Access: Denial of access to shared accounts.
• Unusual Transfers to Relatives or Businesses: Movement of funds or property under other names.

If you notice multiple red flags, speak with a qualified attorney immediately. They can begin the legal discovery and forensic review process on your behalf.

How to Find Out if Your Spouse Is Hiding Assets

Formal Legal Discovery

Once you file for divorce, both spouses are legally obligated to disclose all financial information. Your attorney can initiate formal discovery tools to compel this:

• Interrogatories: Written questions your spouse must answer under oath.
• Requests for Production of Documents: Demanding bank statements, tax returns, titles, trust documents, etc.
• Depositions: Sworn in-person questioning that can catch inconsistencies.
• Subpoenas: Court orders for third parties (banks, employers, brokers) to release records.

Discovery is central to uncovering inaccurate disclosures and obtaining concrete evidence of hidden assets.

Enlisting Forensic Experts

In complex cases, especially with business interests or investments, attorneys often partner with forensic accountants or financial investigators. These professionals:

• Trace financial transactions across accounts.
• Analyze tax returns, cash flow, and lifestyle versus reported income.
• Identify hidden accounts, offshore funds, or poorly categorized property.

In high-asset cases, forensic analysis can uncover assets that might otherwise remain undisclosed.

Submitting Court Motions & Sanctions

If your spouse refuses to comply with disclosure requests, your attorney can ask the court to:

• • Compel production of withheld information.
  • Impose sanctions under Texas Rule of Civil Procedure 215.
  • Award attorney’s fees to you.

• Consider an unequal division of the marital estate or other appropriate remedies if concealment is proven.

Texas courts have broad authority to enforce transparency and penalize dishonesty.

Legal Consequences of Hiding Assets in Texas Divorce

Hiding assets in divorce can carry legal consequences under Texas law. Texas treats asset concealment seriously, and courts have a range of remedies:

• Contempt of Court: A spouse who violates discovery orders or fails to disclose assets can be held in contempt, leading to fines, sanctions, or jail time.
• Disproportionate Property Division or Other Remedies: A court may award a disproportionate share of the marital estate or impose other equitable remedies if concealment is proven.
• Financial Sanctions: Courts can order payment of your attorney fees, expert fees, and court costs.
• Perjury or Fraud Allegations: Intentionally providing false testimony under oath may expose a spouse to criminal liability in certain circumstances.
• Reopened Settlements: If hidden assets are discovered after a final decree is entered, a spouse may have legal grounds to seek post-judgment relief.²

These penalties underscore how seriously Texas courts enforce financial transparency in divorce.

Protecting Your Financial Future: What You Can Do Now

If you suspect your spouse is hiding assets:

• Document Everything: Keep copies of bank records, tax returns, and any suspicious financial activity.
• Don’t Try to Investigate Alone: DIY discovery can overlook critical evidence. A lawyer knows what to ask for and where to look.
• Act Early: The earlier you uncover hidden assets, the stronger your negotiation or litigation position.
• Choose Experienced Counsel: Family law and real estate experience matters, especially with property and income complexities.

Final Thoughts: Hidden Assets and Divorce in Texas

Suspecting your spouse is hiding assets can feel overwhelming, especially when real estate holdings and decades of community investments are at stake. The good news is that Texas law protects your rights, and experienced legal representation can help ensure a fair and informed property division process.

At every step, from discovery to forensic investigation to court enforcement, the BCS family law team stands ready to help you find answers, protect your financial interests, and pursue a fair outcome in your divorce.

Bollier Ciccone Stinson LLP’s family law team is uniquely experienced in understanding the process of asset disclosure and valuation, and how to safeguard your interests in those assets. The BCS family law practice is led by veteran Board-Certified Family Law attorneys Leslie Bollier and Susannah Stinson, who are recognized by the Texas Board of Legal Specialization.

¹ Tex. Fam. Code § 7.001.

² Tex. Fam. Code § 7.009.

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. 

Learn more at BClawTX.com.

The post Is Your Spouse Hiding Assets? A Texas Divorce and Property Guide appeared first on Bollier Ciccone Stinson Law Texas.

Insights from an Experienced Texas Family Law and Real Estate Legal Team

If you own real estate and are contemplating divorce in Austin or elsewhere in Central Texas, you’re probably feeling overwhelmed emotionally and financially. One of the most significant areas of concern for many couples is how to divide property that’s not cash in the bank, particularly homes, land, rental properties, offices, retail, commercial property or other real estate assets. Navigating these issues requires deep legal knowledge of both divorce law and real estate law. That’s where a Family Law team of experienced in-house divorce and real estate attorneys becomes essential.

In this guide, the BCS Law team will explain how Texas handles real estate in divorce, what can go wrong without proper counsel, and the major benefits of having experienced in-house lawyers guide you through the process.

Texas Is a Community Property State – But Real Estate Division Is Not Automatically Equal

In Texas, the division of assets in a divorce follows community property principles. Under the Texas Family Code, property acquired during marriage is presumed to be community property, meaning both spouses share ownership rights¹.

However, Texas courts do not automatically divide community property equally. Under Tex. Fam. Code § 7.001, courts divide community property in a “just and right” manner, which does not necessarily mean a 50/50 split. Courts may consider factors such as fault in the breakup of the marriage, disparity in earning capacity, and other equitable considerations when determining division.

This presumption applies to most real estate:

• Your family home
• Vacant land you bought during marriage
• Investment properties purchased together
• Even property bought in one spouse’s name if marital funds were used to acquire or maintain it

Importantly, separate property – such as property owned before marriage, gifts, and most inheritances – is not subject to division. But the burden of proving that property is separate falls on the spouse claiming it. Without clear and convincing evidence (such as documented traceable funds or deeds from before marriage), property claimed as separate may be characterized as community property.

Why Real Estate Is Complex in Divorce

Unlike cash or bank accounts, real estate is a non-liquid, high-value asset with substantial emotional and financial implications. Its valuation and division involve issues that are often overlooked:

Accurate Valuation Is Not Simple

Real estate cannot be split like a simple bank account. Determining fair market value often requires professional appraisals, particularly in dynamic real estate markets like Austin and Central Texas. Under- or overvaluing property can dramatically affect your share of the marital estate.

Title and Ownership Don’t Tell the Full Story

Just because your name is on the deed doesn’t automatically make real estate separate property. Texas law presumes property acquired during marriage is community property unless you can prove otherwise.

Real Estate May Carry Debt

Mortgages, lines of credit, and property tax liabilities often accompany real estate. Dividing these obligations fairly – or deciding who keeps the property – is a legal and financial puzzle.

Community vs. Separate Property Can Be Hotly Contested

Sometimes one spouse claims an asset is separate property, while the other disputes that characterization. These disagreements often hinge on meticulous financial records and legal arguments.

In addition, real estate disputes frequently involve reimbursement claims. For example, community funds may be used to improve separate property, or separate funds may be used to reduce debt on community property. Texas law allows courts to consider equitable reimbursement claims under Tex. Fam. Code § 3.402, which can significantly affect the ultimate property division.

In other words: real estate isn’t just property – it’s complex wealth that can shape your long-term financial future.

Benefits of a Divorce and Real Estate Attorney

Given the high stakes, here’s why partnering with a skilled divorce and real estate legal team matters:

Expert Understanding of Texas Community Property Law

A divorce attorney with real estate experience knows the nuances of Texas’s community property system. They help you understand what is truly separate vs. community property — and how courts may view it.

Strategic Property Valuations and Appraisals

Experienced attorneys know when to engage expert appraisers or financial analysts to determine real property values accurately. Getting valuations right early can prevent long-term financial losses.

Negotiation That Protects Your Interests

Whether negotiating an amicable settlement or representing you in court hearings, seasoned attorneys shape agreements to reflect your financial goals. They consider all variables – including future tax implications, mortgage obligations, and potential rental income.

Minimizing Long-Term Financial Risk

Real estate distribution affects your credit, taxes, and future net worth. For example, tax code provisions (like Section 1041 of the Internal Revenue Code) allow property transfers between spouses without immediate tax consequences if handled correctly.

Your attorney helps structure these transfers to minimize unnecessary tax exposure and legal complications.

Protecting Equity and Investment Properties

If your marriage involves investment real estate (e.g., rental homes or commercial property), your attorney will assess income, debt, cash flow, and separate vs. community claims to secure what you’re due.

For couples who also own a closely held business, coordination with business counsel may also be necessary.

Preparing for Litigation When Necessary

Not all divorces settle peacefully. If discussions break down, your attorney handles motion practice, court hearings, and trial preparation – all while advancing your best economic interests.

Common Real Estate Scenarios in Divorce

Here are a few real-world examples of how a divorce and real estate attorney helps clients:

Keeping the Family Home

One spouse wants to keep the home; the other wants cash or other assets of equivalent value. Your attorney calculates what it would cost to buy out the other spouse’s share and negotiates favorable terms.

Selling and Dividing Proceeds

In some cases, selling the property and dividing net proceeds is most equitable. Attorneys coordinate with realtors, review listing agreements, and help ensure sale proceeds are distributed in accordance with the divorce decree.

Title and Deed Disputes

If one spouse claims separate property interest but the deed contradicts that claim, your attorney gathers evidence – like financial records – to support (or counter) that position in court.

Rental Property and Tax Implications

Dividing rental real estate involves not just equity but future income streams and tax consequences. An attorney ensures that valuation considers these factors.

How In-House Divorce and Real Estate Attorneys Work With Outside Experts

To address real estate complexities, attorneys often collaborate with:

Appraisers

For accurate market value assessments.

Certified Public Accountants (CPAs)

To analyze tax implications of real estate division.

Financial Analysts

Especially in high-net-worth cases where long-term projections matter.

This multidisciplinary approach ensures all angles are covered.

 The Advantage of an In-House Family Law and Real Estate Team

When a divorce involves real estate, legal strategy must account for both community property law and real estate mechanics. Because Bollier Ciccone Stinson LLP houses both family law and real estate lawyers (business attorneys, also) under one roof, clients benefit from coordinated legal guidance, often without the need to engage outside real estate counsel.

An integrated in-house team provides:

• Aligned strategy from the outset: Property division decisions are structured with deed requirements, refinancing issues, and title considerations in mind.
• Real-time collaboration: Attorneys communicate directly, reducing delays and minimizing the risk of inconsistent advice.
• Efficient document preparation: Deeds, lien releases, and transfer instruments can be reviewed and prepared without onboarding outside counsel.
• Reduced risk of post-divorce complications: Property transfers are structured carefully to avoid title defects or enforcement disputes later.

This coordinated approach promotes clarity, efficiency, and long-term protection when real estate is at stake in divorce proceedings.

Final Thoughts: Protecting Your Real Estate In Divorce

If your marriage involves real estate – whether it’s your family home, land, or investment properties – engaging an in-house divorce and real estate legal team is a strategic investment in your financial future. Texas divorce and property division laws are intricate, and mistakes can cost you significantly both now and in decades to come.

Your real estate isn’t just an asset – it’s part of your future stability, credit foundation, and retirement planning. With skilled legal guidance, you can navigate these challenges with clarity, confidence, and a plan that protects your best interests. Contact the experienced attorneys at Bollier Ciccone Stinson LLP for a consultation.

Bollier Ciccone Stinson LLP’s family law team is uniquely experienced in understanding the nature and value of complex estates, the underlying legal issues, and how to safeguard your interests in those assets. The BCS Family Law practice is led by veteran Board-Certified Family Law attorneys Leslie Bollier and Susannah Stinson, who are recognized by the Texas Board of Legal Specialization.

¹ Tex. Fam. Code § 3.003.

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.

Learn more at BClawTX.com.

The post Divorce and Real Estate: Benefits of Having a Divorce and Real Estate Attorney appeared first on Bollier Ciccone Stinson Law Texas.

Bollier Ciccone Stinson LLP’s Family Law team routinely guides parents through these complexities. Below, we explain how the Austin child support calculator works, when judges deviate from the Texas guidelines, and what really determines support obligations in high-income cases.

Texas Child Support Basics: The Guideline Formula

Texas applies a simple percentage-based model that starts with a parent’s net resources, as defined by the Texas Family Code¹. These resources include:

• Wages and salary
• Commissions, bonuses, and tips
• Self-employment income
• Rental income
• Retirement income
• Severance pay
• Certain benefits (VA benefits, disability benefits)

Net resources are defined by Texas Family Code § 154.062 and may include wages, income, and capital gains, while excluding items such as Social Security taxes and federal income taxes.

Under the guidelines, child support is:

• 20% for one child
• 25% for two
• 30% for three
• 35% for four
• 40% for five or more

However—and this is where Austin cases often begin to depart from the formula—the guidelines apply only up to the statutory cap.

Austin Child Support Calculator: Understanding the Income Cap

When parents in Austin talk about “child support beyond the guidelines,” they are usually referring to the statutory income cap that limits how much income the formula can consider. The guideline cap means courts apply the percentages only up to a certain level of monthly net resources. As of September 1, 2025, the child support cap is $11,700 in monthly net resources. Texas evaluates the cap roughly every six years, but actual adjustments depend on the Office of the Attorney General’s published figures.

What does this mean in practice?

• If a parent earns less than the cap, child support is calculated solely through the statutory formula.
• If a parent earns more than the cap, the court may order above-guideline support when justified.

High-income earners in Austin—particularly in tech, medical fields, consulting, government contracting, or entrepreneurial roles—frequently exceed the guideline cap, which is why Austin child support calculations often require more analysis than a basic formula.

When Courts Exceed Child Support Guidelines in Austin

Judges in Travis County and Williamson County, for example, cannot order above-guideline support simply because one parent earns a high income. To deviate, the court must find that guideline support is “unjust or inappropriate” based on the child’s proven needs.²

Below are the major reasons Central Texas courts deviate from guideline support.

1. Special Needs or Unique Educational Requirements

Austin is home to many children with a wide range of needs, including: 

• Learning differences
• Therapy needs
• Specialized schooling
• Medical or developmental support requirements

Judges frequently consider evidence of:

• Occupational, speech, or behavioral therapies
• Private school costs
• Aides, tutors, or learning support programs
• Medical specialists
• Assistive technologies

Travis County judges, in particular, are known for taking a detailed look at a child’s medical and educational expenses. If a parent can present credible evidence of recurring needs, a court may order support above the cap to ensure continuity of care.

2. High Cost of Living Factors in Austin

Although the Texas Family Code does not directly account for cost of living, Austin judges may consider expenses related to:

• Stable housing in safe school zones
• Transportation needs
• Childcare in a higher-cost metro area
• Extracurricular participation

This is not about equalizing household incomes. Instead, courts look at maintaining stability and ensuring the child’s lifestyle is reasonably preserved. Texas law does not authorize deviations based solely on cost of living; however, courts may consider how local expenses relate to the child’s specific needs.

3. High-Income Parents and Lifestyle Maintenance

For parents earning well beyond the cap—sometimes hundreds of thousands per year—judges may consider:

• Existing lifestyle before separation
• Expenses previously covered by the paying parent
• Whether the child would be disadvantaged by guideline support

For example, if a child previously traveled, participated in select sports, or attended private school, guideline support may be insufficient.

Williamson County courts often examine these lifestyle factors closely, especially when one parent argues that the other is seeking “hidden alimony.” Evidence must show that these lifestyle costs are for the child, not the other parent.

4. Deviations Related to Possession Schedules

Although Texas does not use a direct parenting-time credit like some states, Austin judges frequently consider:

• Whether one parent has extended or 50/50 possession
• Whether the non-primary parent is carrying a large share of day-to-day expenses
• Whether time in each household materially affects the child’s needs

Travis County judges tend to be slightly more flexible with deviations in true 50/50 cases, while Williamson County typically approaches deviations more conservatively.

5. Evidence of Significant Non-Guideline Expenses

Courts may deviate when the child’s expenses include:

• Summer camps
• Travel expenses for out-of-state visitation
• Extracurriculars with significant cost (select sports, music conservatories, robotics programs)
• Nannies or au pairs

Again, evidence is the key. Judges will not deviate beyond the guidelines without documentation.

How High-Income Child Support is Calculated in Austin

When going above the guidelines, the court examines:

Step 1: Establish Net Resources Up to the Cap

Guideline support is calculated for income up to the statutory limit.

Step 2: Determine the Child’s Proven Needs

“Needs” include more than bare necessities. They may include private education, specialized care, tutoring, and other reasonable lifestyle expenses.

Step 3: Allocate Responsibility Between the Parents

The court assesses:

• Each parent’s income
• Each parent’s share of possession time
• Household expenses
• Standard of living

Step 4: Order Additional Support If Required

If proven needs exceed the guideline amount, the court may add a supplemental support amount.

High-income cases often involve financial experts, forensic accountants, or business valuation professionals to establish accurate net resources.

What Judges in Travis and Williamson Counties Look For

Judges in Central Texas carefully evaluate child-specific evidence when considering deviations from guideline support. Courts often focus on documentation of expenses, the child’s needs, and the credibility of financial evidence presented. In doing so, judges may:

• Examine detailed financial disclosures
• Consider educational and medical needs in depth
• Evaluate how both households support the child’s lifestyle

Courts may expect supporting documentation, such as:

• Receipts, invoices, and budgets
• Proof of recurring expenses
• Expert testimony in high-income cases

Situations That Commonly Lead to Higher-Than-Expected Child Support

Parents in Austin often pay more than the guideline amount when:

• They earn well above the guideline cap (often $180,000–$250,000+ annually)
• One parent stays home or works part-time due to childcare
• The child attends a private or specialized school
• A child has special needs
• The paying parent previously funded a high standard of living
• A 50/50 schedule still results in unequal financial ability

Can You Avoid Going Above the Guidelines?

Yes—if the paying parent can show:

• The child’s needs are fully met by guideline support
• Requested expenses are not truly “needs”
• The receiving parent’s proposal is inflated or unsupported
• Their own financial obligations make higher support unreasonable

In high-income cases, documentation and expert testimony are often the deciding factor.

How Our Austin Family Law Firm Helps With Child Support

Calculating child support in Austin is not a simple application of percentages. It requires:

• Detailed financial analysis
• Deep familiarity with Travis and Williamson County judicial preferences
• Careful documentation of the child’s needs
• Skilled negotiation and litigation strategies for high-income cases

Whether you expect to pay child support or receive it, the right legal approach can create significant long-term financial stability for both you and your children.

Closing Thoughts

If you’re trying to understand child support beyond the guidelines—or you anticipate a high-income or complex support case—the BCS Family Law team can help you understand what to expect and protect your rights every step of the way.

This guide is only meant to give you a foundational understanding of what to expect during the child support calculation process—this is not legal advice. To realize the full scope of your potential case you need an experienced attorney. Need help navigating Texas child support laws? Contact the experienced attorneys at Bollier Ciccone Stinson LLP for a consultation.

The BCS Family Law practice is led by veteran Board-Certified Family Law attorneys Leslie Bollier and Susannah Stinson, who are recognized by the Texas Board of Legal Specialization. The BCS Law team will work together with you to ensure the safety and emotional well-being of you and your children, no matter how intense your conflict may be. Whether an agreement or settlement is reached inside or outside of court, we stand ready to leverage your legal position and rights in a manner that is strategic, effective, and realizes your ultimate goal.

¹ See Texas Family Code § 154.062 (defining “net resources” for child support calculations).

² Texas Family Code § 154.123 (listing factors courts may consider when deviating from guideline child support).

The post Calculating Austin Child Support Beyond the Guidelines appeared first on Bollier Ciccone Stinson Law Texas.

1. Starting the Process: Divorce & Children in Travis County

In Travis County, as elsewhere in Texas, when a marriage is ending and minor children are involved, two legal tracks must be addressed: the divorce itself (dissolution of marriage) and the suit affecting the parent-child relationship (SAPCR) for child custody, child visitation, and child support.

a) Filing the Divorce

• One spouse must file an Original Petition for Divorce with the district clerk in Travis County.
• Texas law requires that either you or your spouse have lived in the state for at least six months and in the county (Travis) for at least 90 days. (Texas Family Code §6.301)
• The petition must remain on file for at least 60 days before a final hearing (unless a family-violence exception applies).

b) Filing the SAPCR for Children

When children under 18 or still in high school are involved, issues relating to the parent-child relationship—such as custody, visitation (possession and access), and child support—are handled through a Suit Affecting the Parent-Child Relationship (SAPCR). This may be filed as part of the divorce or as a separate action, depending on the case.

In Travis County, the Family Division of the District Clerk handles these filings. 

c) The Standing Orders & Temporary Orders

In most Travis County divorce or SAPCR cases, a local Standing Order takes effect as soon as the petition is filed. This Standing Order—formally known as the Travis County Standing Order Regarding Children, Property, and Conduct of Parties—functions as a temporary injunction unless modified by the court.

Key provisions related to children generally include restrictions on hiding a child from the other parent and making major changes to the child’s residence, school, or daycare without agreement or further court order.

Temporary orders may also be entered regarding custody, visitation, or support while the case is pending.

2. What is the Child Custody Process in Texas?

When children are involved, parents often ask: Who gets custody?

a) Legal Terms

Under Texas law you’ll hear:

• Managing Conservatorship: legal rights regarding decisions for the child.
• Possessory Conservatorship: rights of access/possession (visitation).
  Courts typically favor both parents being joint managing conservators unless there is a reason it would harm the child’s best interests.

b) Best Interest of the Child Standard

In Texas, the courts apply the “best interest” standard. The court always considers what serves the “best interest of the child” (Texas Family Code §153.002) — meaning the child’s safety, stability, and emotional health come first. Judges examine each parent’s involvement, the child’s living environment, the child’s needs (education, health, etc.), and parental history.

In some contested cases, the court may appoint a Guardian Ad Litem (GAL) or Attorney Ad Litem for the child. In Travis County, the office of Travis County Family Court Services handles GAL orientations.

c) Possession and Access (Visitation)

Texas has a Standard Possession Order (SPO) that applies in many cases unless the parents agree otherwise or the court orders a different schedule based on the child’s best interests. Travis County courts may also rely on local rules and standing orders to structure possession and access.

d) Temporary Custody Orders

While the divorce/SAPCR case is pending, you may obtain temporary orders for custody/visitation/support. These help avoid uncertainty for children during the process.

e) Modifying Custody Orders

If circumstances change (such as one parent relocates, job shifts, child’s needs change), either parent can seek to modify the custody/visitation order, showing that the change is in the child’s best interest.

3. Specific Procedures in Travis County (Austin)

Understanding the local practices in Austin / Travis County helps you prepare confidently.

a) Filing Locations and Forms

• The Civil & Family Courts facility for Travis County is at 1700 Guadalupe St., Austin, TX 78701.
• Filing forms, including for divorce, SAPCR, etc., are available through the District Clerk’s Family Division.
• E-Filing via eFileTexas is available in many cases.

b) Assigning the Court and Judge

In Travis County your case is assigned a cause number and a court. In Texas, family law matters may be heard in District Courts or, in some counties, County Courts at Law. In Travis County specifically, these cases are heard in the Civil District Courts.

c) Timeline

• In many cases, after filing the petition you’ll wait at least 60 days before the final decree hearing.
• What to expect between filing and final hearing: service of process, possible temporary orders, mediation, negotiation, or trial.

d) Mediation & Settlement

Many Travis County cases settle before trial. Courts often require or encourage mediation of custody/visitation issues. If settlement fails, a trial may occur.

e) Enforcement and Compliance

If one party violates visitation, custody or support orders, motions for enforcement, contempt, or modifications may be filed.

4. Key Questions for Parents in Austin

Here are potential questions you might have, and how they play out locally in Travis County.

Q: How long will the process take when kids are involved?

A: If you and your spouse agree on everything (custody, visitation, support, property) you may complete the divorce after the 60-day waiting period, subject to court scheduling. If contested or involving disputes over child custody, the case may take many months—especially if mediation or trial is required.

Q: Do I need a lawyer for a divorce with kids?

A: Having a skilled family law attorney in Austin helps you navigate nuances like standing orders, temporary relief, child custody issues, GAL appointments, and court procedure. Especially when children are involved, the stakes and complexity are higher.

Q: What happens to custody if we both want it?

A: Travis County courts typically strive for arrangements that involve both parents when safe and appropriate. Joint managing conservatorship is common unless a court determines it is not in the child’s best interest. The judge examines factors including each parent’s involvement, stability, home environment, and any history of conflict.

Q: What if one parent wants to relocate with the child?

A: You will need prior written agreement between the parties or a court order allowing relocation. The Travis County standing order prohibits changing a child’s residence without agreement or court order.

Q: How does child support get determined?

A: In Texas, child support is calculated by the monthly net resources of the noncustodial parent and the number of children needing support. Texas follows statutory child support guidelines under Chapter 154 of the Texas Family Code, though individual circumstances may lead the court to deviate from those guidelines. In Travis County, if support is ordered, payments must go through the Texas State Disbursement Unit.

5. Practical Tips for Travis County Parents

• Keep documentation: Maintain records of your involvement with the children (school, medical, extracurriculars), communication with the other parent, and financial contributions. This may matter in custody decisions.
• Comply with standing orders immediately: From the moment the petition is filed, the standing order applies. Avoid changing the child’s residence, changing school or daycare, or excluding the other parent without court approval.
• Engage in mediation early: If possible, try to resolve custody and visitation before going to trial — it’s faster, less expensive, and less stressful for children.
• Be mindful of local logistics: Know your court date, assigned court, file deadlines, and local rules for Travis County. The Law Library and District Clerk’s Family Division are good resources.
• Focus on stability for the children: Judges in Travis County look closely at the child’s best interests, such as stability, environment, and parental involvement. Make the child’s welfare the primary concern.
• Seek modifications if things change: After final orders, if life circumstances change (job relocation, child’s needs, parenting capacity), you can ask the court to modify custody/visitation orders.
• Work with counsel if needed: When your case involves disputes, potential relocation, abuse/neglect, or other complicating factors, an experienced Austin family law attorney can guide you through local court culture, standing orders, and strategy.

Closing Thoughts

This guide is only meant to give you a foundational understanding of what to expect during the child custody process—this is not legal advice. To realize the full scope of your potential case you need an experienced attorney. Need help navigating Texas Child Custody laws? Contact the experienced attorneys at Bollier Ciccone Stinson LLP for a consultation.

At Bollier Ciccone Stinson LLP, our lawyers take your child custody matter to heart. We see it as our personal duty to advocate aggressively for you and your family—while remaining highly sensitive and critically objective to the reality that divorce or separation often negatively impacts children.

The BCS Family Law practice is led by veteran Board-Certified Family Law attorneys Leslie Bollier and Susannah Stinson, who are recognized by the Texas Board of Legal Specialization. The BCS Law team will work together with you to ensure the safety and emotional well-being of you and your children, no matter how intense your conflict may be. Whether an agreement or settlement is reached inside or outside of court, we stand ready to leverage your legal position and rights in a manner that is strategic, effective, and realizes your ultimate goal.

The post Navigating Divorce with Children in Travis County Courts appeared first on Bollier Ciccone Stinson Law Texas.

Divorce is rarely simple, but when high-net-worth individuals divorce in Austin, the stakes grow dramatically, particularly when one or both spouses own a business. 

Whether you’re a tech entrepreneur, a real estate investor, or a business owner in any other thriving Austin sector, your company may be one of your most valuable—and most vulnerable—assets.

Divorce is never easy—especially when your life’s work, identity, and financial future are tied up in a business you built from the ground up. If you’re asking, “How do we handle my business in our Austin divorce?” you’re not alone. This guide from the Bollier Ciccone Stinson Law team will help you understand what’s at stake and how an experienced Austin high-asset divorce lawyer can help protect your interests through proper planning, valuation, and negotiation. 

Why Your Business Could Be at Risk in Divorce

Unlike many other assets, businesses are dynamic, hard to value, and often emotionally tied to the owner’s identity and future plans. In Texas, where community property laws apply, the court presumes that any property acquired during the marriage, including increases in a business’s value, is jointly owned by both spouses.

That means even if you started the business before marriage, your spouse might still have a claim to a portion of its appreciated value.

This creates complex legal and financial questions:

• Is the business community or separate property?

• What’s the business worth today, and who determines that?

• How can one spouse keep the business without selling or disrupting operations? 

Community Property in Texas: What It Means for Business Owners

Texas is a community property state. Generally, any income or property acquired during the marriage is considered equally owned by both spouses, unless proven otherwise.

However, business ownership often blends community and separate property interests. Separate property generally includes assets acquired before marriage, by gift, or by inheritance. For instance, a business started before marriage but expanded significantly during the marriage may be partially community property. If marital funds were invested in the business, or if a spouse contributed time, expertise, or labor, then a reimbursement claim or an ownership interest may arise. This makes careful documentation and legal strategy essential, especially during business valuation and property division.

Business Valuation in Divorce

Valuing a business during divorce isn’t like checking your 401(k) balance. Business valuation is complex, especially in high-growth areas like Austin tech and real estate.

An experienced Austin high-asset divorce lawyer will work with expert business appraisers who consider several valuation methods, such as:

• Asset-based valuation: Totals the business’s tangible and intangible assets, subtracting liabilities.
• Income-based valuation: Projects future earnings and discounts them to present value, often used for professional practices and startups.
• Market-based valuation: Compares the business to recent sales of similar companies.

Austin’s economy makes valuation even more nuanced. A tech startup with explosive potential may have little present revenue but enormous projected value. A real estate portfolio may have high equity but variable cash flow. Accurately valuing these assets requires not only financial expertise but also a deep understanding of the local market.

Common Pitfalls: What Business Owners Should Avoid

High-net-worth individuals often make avoidable mistakes when divorcing in Texas. Here are a few to steer clear of:

• Co-mingling personal and business assets: Blending personal and business finances can muddy the waters between community and separate property. Keep clean records and consult your attorney about forensic accounting if necessary.
• Undervaluing the business: Some owners hope to reduce their spouse’s share by understating the business’s worth. This can backfire legally and damage credibility with the court.
• Assuming you’ll “just keep the business”: Texas courts can award the business or a share of its value to your spouse. Without a proper legal strategy, you could end up having to buy out your spouse or sell the business.
• Ignoring tax implications: Transferring business interests or assets during divorce can trigger tax consequences. Always consult both your divorce attorney and a tax advisor.

How to Protect Your Business Before and During Divorce

• Prenuptial and Postnuptial Agreements: The best time to protect your business is before conflict arises. A well-drafted prenup or postnup can designate your business as separate property and outline what happens if you divorce.
• Accurate, Defensible Business Valuation: This is critical. Hire an experienced forensic accountant or valuation expert familiar with your industry and Austin’s market. Texas courts often require credible, court-approved expert testimony for business valuations.
• Negotiate Strategically: Often, the goal isn’t to split the business—it’s to retain full control while offsetting your spouse’s share with other marital assets (e.g., retirement accounts, real estate, or cash). Your attorney can structure a settlement that avoids disruption to your company.
• Consider a Structured Buyout: If your spouse is entitled to a portion of the business’s value, you may negotiate a structured buyout over time. This preserves business liquidity and avoids fire-sale scenarios.
• Work with the Right Team: A high-net-worth divorce involving business interests demands a team; a top Austin high-asset divorce lawyer, a qualified business appraiser, and a financial advisor. Coordination is key to ensuring a fair and strategic outcome.

Real-World Insight: Tech and Real Estate in Austin Divorces

• Tech Companies: Founders of tech startups in Austin often face challenges in valuing intellectual property, early-stage equity, or venture capital stakes. A lawyer familiar with these dynamics can help separate speculative value from real value.
• Real Estate Portfolios: Whether you own short-term rentals, commercial developments, or family properties, the liquidity, debt load, and tax basis of real estate holdings must be factored into division strategy. 

In both sectors, asset protection is about foresight, documentation, and the right legal guidance.

Closing Thoughts- Protecting Your Business in an Austin Divorce

Your business represents years of work, risk, and vision. The right legal approach can help ensure it remains yours. If your business is on the line in your divorce, don’t go it alone. By seeking legal guidance early, you can safeguard your business and avoid common pitfalls. An Austin high-asset divorce lawyer will be your advocate, strategist, and negotiator, helping ensure you retain what you’ve built and move forward on your terms.

At BCS, we specialize in high-net-worth divorces involving complex assets, business valuations, and strategic property division. Our team also includes attorneys who specialize in real estate and business law and understand Austin’s business landscape, from fast-growing tech startups to valuable real estate portfolios, and we know how to protect what matters most. Schedule a confidential consultation with our high-asset divorce team to take the first step toward protecting your business and financial future.

Need help navigating Texas divorce laws? Contact the experienced attorneys at Bollier Ciccone Stinson LLP for a consultation. The BCS family and divorce law practice is led by veteran Board-Certified family law attorneys Leslie Bollier and Susannah Stinson, who are recognized by the Texas Board of Legal Specialization. The BCS Law team will explain your options, formulate a strategic plan, and work tirelessly and productively to help you achieve the best possible outcome.

The post Protecting Your Austin Business in a High-Net-Worth Divorce appeared first on Bollier Ciccone Stinson Law Texas.

If you’re considering divorce in Texas, one of the most pressing and emotional questions you might face is: Can I afford to get divorced? While every case is unique, understanding what you’re legally entitled to can help you feel more prepared and confident as you evaluate your next steps. 

What is a wife entitled to in a divorce in Texas? What is a husband entitled to in a divorce in Texas? Whether you’re a husband, wife, or partner in a same-sex marriage, this guide provides an overview of how Texas divorce law handles division of property, spousal support, and issues related to child custody. Understanding the basics of Texas divorce laws can help you feel more informed and empowered as you consider your next steps.

In this guide, the BCS Family and Divorce Law team walks you through the basics of how property is divided in a Texas divorce—and what you can generally expect when going through the process.

Dividing Community Property in a Texas Divorce

The first thing to consider is your division of marital assets, or splitting the community property. Since Texas is a community property state, all property acquired during the marriage is considered equally owned by both spouses. 

Community Property Includes:

• Income, investments, bank accounts, and cash
• The marital home and other real estate
• Vehicles
• Art and jewelry
• Other valuables

However, per Texas divorce laws, just because an asset is considered equally co-owned, that does not mean it will be split 50/50. Judges will determine what is a “just and right” division based on your specific situation. Was a spouse at fault for the divorce? Does one spouse have more education and earning potential than the other? Does one spouse have considerably more separate property than the other?

Factors may include:

• Fault in the breakup of the marriage
• Differences in earning potential
• Health conditions
• Contributions to the family and home
• The existence of significant separate property

Be prepared. Identifying and valuing all of your community property ahead of time can help take some of the complexity out of this process.

Separate Property and Texas Divorce

Separate property is anything you owned before the marriage. This can be physical property, business assets, and money. There are also instances when property acquired during marriage remains separate, including inheritances, gifts specifically given to one spouse, and personal injury settlements.

In Texas, your separate property remains yours after a divorce. Your spouse’s separate property will remain theirs after the divorce as well.

It’s important to list and provide documented proof of all of your separate property for your divorce proceedings. Compile receipts, bank statements, titles, and deeds.

Retirement Accounts and Divorce in Texas

One complicated aspect of Texas divorce property division is a retirement account. If a spouse already had a retirement account before the marriage (separate property), and then community funds contributed to the account during the marriage (community property), the account will be evaluated based on its value at the time of marriage and at the time of divorce. The portion of the retirement account that grew during the marriage is typically considered community property.

A special court order called a QDRO (Qualified Domestic Relations Order) may be required to determine how these benefits will be paid out.

Spousal Support in Texas

Long-term spousal support isn’t common in Texas, but there are exceptions where it may be awarded. Texas law places limits on the amount and duration of spousal support, so long-term alimony is uncommon unless specific criteria are met. 

You May Qualify for Spousal Support If: 

• You were married for 10 years or more
• Your spouse was convicted of domestic abuse within two years of the divorce filing
• You are disabled
• You care for a disabled child

Support is usually temporary and based on:

• Financial need
• Education and job skills
• Contributions to the marriage (including non-financial ones like raising children)

Duration of Spousal Support Based on Marriage Length

In Texas, the duration of spousal support is also based on the length of the marriage:

• 10–20 years: Up to 5 years of spousal support
• 20–30 years: Up to 7 years of spousal support
• Over 30 years: Up to 10 years of spousal support 

Texas Child Custody

One of the hardest considerations in a Texas divorce is who will get custody of the children. Texas law does not favor one parent over the other based on gender. Instead, custody decisions are based on:

• Each parent’s involvement in the child’s life
• Ability to co-parent
• Stability and home environment

The Texas family court determines what is in the best interest of the child. The spouse awarded primary custody is called the custodial parent, and the noncustodial parent will provide financial support in the form of child support.

Texas courts aim to keep children connected to both parents and encourage parents to work together on a co-parenting plan when possible.

Calculating Texas Child Support

In Texas, child support is calculated by the monthly net resources of the noncustodial parent, and the number of children needing support. 

Texas Child Support Percentages by Number of Children:

• 20% for 1 child
• 25% for 2 children
• 30% for 3 children
• 35% for 4 children
• 40% for 5 or more children

Child support orders can be modified every three years or if there is a substantial change in financial circumstances.

Maximum Income for Calculating Child Support in Texas

In Texas, child support calculations are based on the paying parent’s income—but only up to a certain point. While there’s no strict cap on how much support a parent can be ordered to pay, there is a ceiling on the amount of income used to determine the calculation.

The income cap for child support calculations is $9,200 per month (as of 2024). That means:

• If a parent earns more than $9,200 monthly, the court will generally apply the standard child support percentage to only the first $9,200—not the full income.
• For example, if you earn $12,000 a month and have one child, the standard 20% guideline would be applied to $9,200, not $12,000.

Can courts go above that amount?

Yes, but only in exceptional circumstances. If a child has specific medical, educational, or emotional needs—or if there’s a significant disparity in the parents’ incomes—the court may deviate from the guideline and order a higher amount.

Closing Thoughts

Every couple’s situation is different, and dividing property during a divorce often comes with its own unique set of challenges. This guide is here to help you get a basic sense of what the process might look like—but it’s not a substitute for legal advice. To fully understand your rights and options, you should consult an experienced Texas family law and divorce attorney.

At BCS, our team also includes attorneys who specialize in real estate and business law—an essential asset for families navigating divorce with complex property or business interests. By working closely with our family law team, our in-house real estate and business attorneys ensure a seamless, collaborative approach that delivers the high-level service and tailored solutions you expect from a boutique law firm.

Need help navigating Texas community property laws? Contact the experienced attorneys at Bollier Ciccone Stinson LLP for a consultation. The BCS Family and Divorce Law practice is led by veteran Board-Certified Family Law attorneys Leslie Bollier and Susannah Stinson, who are recognized by the Texas Board of Legal Specialization. The BCS Law team will explain your options, formulate a strategic plan, and work tirelessly and productively to help you achieve the best possible outcome.

The post What Are You Entitled To in a Divorce in Texas? appeared first on Bollier Ciccone Stinson Law Texas.

And what are the steps you can take to help you reach the best outcome in a potential property division? Let’s look at some of the biggest questions BCS Law clients have about this complex topic.

Understanding Texas Community Property Law

Community Property in Texas means that any property acquired during a marriage can be considered owned equally by both spouses. It is different from separate property, which, in most cases, is acquired before a marriage or after a divorce.

The distinction between separate vs. community property matters most in the case of a divorce, when property will be divided between spouses, or a death, when property will be divided between a surviving spouse and heirs.

What is Considered Community Property in Texas?

Most of the property received during the marriage is community property, or marital property. Income, houses, vehicles, art, and appliances all fall into this category if they were earned or purchased during the marriage. Even if only one spouse’s name is on the title, deed, or mortgage, both have 50/50 ownership if it was obtained during the marriage. Even income going into separate bank accounts is still community income.

What is Considered Separate Property in Texas?

If it wasn’t acquired during the span of the marriage, it most likely falls into the category of separate property. For example, if one spouse solely owned a house before marriage, that house would be their separate property and not up for division after a divorce.

But some things can still be considered separate property no matter when they were obtained. Personal injury settlements, inheritances, and gifts designated to one spouse only all count as separate property and are not up for division during Texas divorce proceedings.

One tricky element to all of this is that any income earned from separate property during the marriage is considered community property.

Property Division in Divorce in Texas

This is where things can get complicated. Under Texas divorce laws, the Texas court divides property in a way deemed “just and right” instead of equally. This method takes into consideration any fault of the marriage breakup, the spouses’ education levels and earning potentials, disproportionate value of separate property, and the custody and needs of any children. But this still only applies to community property. The court cannot award one spouse’s separate property to the other person.

The court starts at a presumption of 50/50 ownership of all community property and then works from there to determine what is fair and equitable. But some things can’t be split 50/50, like physical property- a house or a car. So, a house could be awarded to one spouse, while a car could be awarded to the other.

Another complicated example is retirement benefits. If a spouse already had a retirement account before the marriage, and then community funds contributed to the account during the marriage, the account would be assessed for the value at the date of the marriage and at the date of the divorce and the difference would be the community property and subject to being divided.

How Texas Divorce Laws Handle Debt Division

Debt is evaluated in the same way as property in this case. Debt acquired during the marriage is considered community debt and split between spouses the same as property.

An unsecured debt, like a credit card, would be assessed much like the retirement benefits addressed above. It all depends on when the debts were accrued- before and after, or during a marriage.

A secured debt, meaning it is attached to an asset, like a house mortgage, would be divided with the asset. In other words, the spouse who receives the house also takes on the mortgage debt.

Some debts, like student loans, are considered separate debts and not eligible to be given to the other spouse in a divorce.

How to Protect Your Assets in a Divorce

The burden of proof is on each spouse to prove what their separate properties are for divorce proceedings. You’ll want to provide tangible proof to support your claim. This documentation can be in the form of receipts, a testimony from an executor, or a will.

It’s also important not to commingle your separate property with community property. For example, if you put an inheritance into a joint bank account, it could be difficult to determine how to rightly divide the separate money from the marital funds. The court can then view the inheritance as community property after it is joined together.

Talk to Family Law and Estate Planning attorneys about the best way to protect your assets before receiving an inheritance. If you do end up commingling properties, you’ll need to talk to a CPA or Forensic Accountant to try to trace the separate monies.

Don’t pay off debts or make any big purchases before the divorce is finalized. This could hurt you since that would all be considered community property, even if you are separated.

Prepare to negotiate. What community assets are a priority for you? What community assets would you be willing to give up?

Death And Property Division in Texas

When a spouse unfortunately passes away, the division of property gets even more complicated. Working off the legal presumption that all of the martial property is only half owned by each spouse, unless anything is rebutted, leaves the division between the surviving spouse and any established heirs. Both parties may be in for a bit of a surprise to learn that they may not be awarded all the property they thought they’d receive. The estate will go into probate until it is all settled.

Closing Thoughts

Each married couple’s circumstances will present their own nuances and challenges when it comes to the division of community property during divorce. This guide is only meant to give you a foundational understanding of what to expect during the process, not offer legal advice. To realize the full scope of your potential case you need an experienced attorney.

Need help navigating Texas community property laws? Contact the experienced attorneys at Bollier Ciccone Stinson LLP for a consultation. The BCS Family Law practice is led by veteran Board-Certified Family Law attorneys Leslie Bollier and Susannah Stinson, who are recognized by the Texas Board of Legal Specialization. The BCS Law team will explain your options, formulate a strategic plan based on your desired outcome, and work tirelessly and productively to realize your optimized result.

The post Is Texas a Community Property State? appeared first on Bollier Ciccone Stinson Law Texas.

We are pleased to share that Leslie J. Bollier has been featured as one of the 12 influential businesswomen in Austin Way Magazine’s Dynamic Women of Austin feature.

In the Company of Remarkable Women

Being selected as one of Austin’s Dynamic Women is a significant honor, placing Leslie among a group of

talented and influential businesswomen who are making substantial contributions across various fields in Austin. This recognition is a testament to the collective impact these women have on the community and their respective industries.

Leslie’s Professional Achievements

Leslie is known for her expertise in complex family law matters, including property valuation and child custody cases. Her client-focused advocacy and results-driven approach have earned her a respected reputation in Texas. She is Board Certified in Family law by the Texas Board of Legal Specialization, and Austin Monthly has consistently recognized her as a Top Attorney in Family Law since 2020. As a business leader, Leslie boasts 100% of the partners and senior paralegals at her firm are Board Certified.

Outside of her professional achievements, Leslie enjoys the vibrant life in Austin and values time spent with friends and family. Her love for the city complements her professional success, making her not only a respected attorney but also a cherished community member.

Click to view entire magazine (100+ pages)
Click to view Spotlight

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