What Are You Entitled To in a Divorce in Texas?

April 28, 2025

“Can I Afford To Get Divorced?”

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.