In a Texas divorce, you may be entitled to a fair share of community property (assets and debts acquired during the marriage), possible spousal maintenance, and child-related support based on your children’s needs and your income. Texas courts divide property in a “just and right” way, not always 50/50.¹
Key Takeaways
- • Texas presumes assets and debts acquired during marriage are community property divided in divorce.
- • Separate property includes premarital assets, gifts, inheritances, and qualifying personal injury recoveries.
- • Judges divide community property in a “just and right” way, not always 50/50.
- • Child entitlements cover conservatorship, parenting time, guideline child support, and shared medical expenses.
- • Spousal maintenance is need-based, time-limited support requiring strict eligibility under the Texas Family Code.
Key Facts About What You’re Entitled to in a Texas Divorce (Micro-Definitions)
What does “community property state” mean in Texas?
Texas is a community property state. That means most assets and debts either spouse acquires during the marriage are community property and are subject to division in a divorce. Tex. Fam. Code § 3.002.¹
What is “separate property” in a Texas divorce?
Separate property is generally:
- Property you owned before marriage
- Gifts or inheritances you received alone
- Certain personal injury awards
To keep something as separate, the spouse claiming it must prove it by clear and convincing evidence (for example, deeds, bank statements, or tracing records). Tex. Fam. Code § 3.003.¹
What is the “marital estate”?
The marital estate is the total pile of community assets and community debts the court will divide—things like houses, cars, savings, credit cards, and retirement earned during the marriage.
What is a “just and right” division?
Texas courts must divide community property in a way that is “just and right,” which may or may not be an even 50/50 split. Judges look at factors such as:
- Length of the marriage
- Each spouse’s earning capacity and health
- Who has primary child custody
- Any wasting or hiding of assets
- Fault in the breakup
Tex. Fam. Code § 7.001.¹
How are child-related entitlements handled?
Texas uses the terms conservatorship (custody/decision-making) and possession (time with the child). Child support is based mainly on the non-custodial parent’s income and the number of children, using guideline percentages in Tex. Fam. Code § 154.125.³
What is spousal maintenance in Texas?
Spousal maintenance is limited, need-based support. The requesting spouse must show they cannot meet basic needs from their own property plus other statutory requirements, such as a long marriage, family violence, a disability, or caring for a disabled child. Tex. Fam. Code ch. 8.²
North Texas focus.
This guide explains Texas law in general. Warren & Migliaccio represents families in Dallas, Collin, Denton, Tarrant and surrounding counties in North Texas.
Understanding Texas Divorce Law and the “Just and Right” Standard
When someone files for a divorce in Texas, the judge must decide how to divide the marital estate, handle child-related issues, and decide whether spousal maintenance is appropriate. For North Texas families, these decisions are made under the Texas Family Code and through local DFW courts.¹
Because Texas is a community property state, the starting point is that all assets and debts acquired during the marriage are presumed community property. But the division is not automatic 50/50. Instead, the judge must make a “just and right” division based on the couple’s real-life circumstances, including future financial needs and children’s best interests.¹
An experienced North Texas family law attorney helps you with a variety of divorce issues, including spousal support in Texas:
- Separate community vs. separate property
- Document your financial situation
- Negotiate a realistic Texas divorce settlement
- Decide when trial is necessary
What Texas Courts Look At When Dividing the Marital Estate
Judges look at many factors when deciding what each spouse is entitled to in a divorce, including:¹
- Length of the marriage
- Each spouse’s earning capacity, education, and health
- Who will be the primary conservator of the children
- Any history of family violence or substance abuse
- Whether one spouse wasted, hid, or gave away assets
- Fault in the breakup (such as adultery or cruelty)
- Each spouse’s overall financial situation and future needs
These factors often justify an unequal—but still “just and right”—division of community property.⁴
Community Property, Separate Property, and Marital Assets
| Property Type | How Texas Law Treats It | Common Examples | Divided in Divorce? |
|---|---|---|---|
| Community property | Most assets and debts either spouse acquires during the marriage are presumed community property and are subject to a “just and right” division between spouses. | Wages and bonuses; savings and checking accounts; houses and other real estate bought during the marriage; cars and recreational vehicles; most retirement contributions made during the marriage; credit card balances, personal loans, and certain tax liabilities. | Yes. Community property is generally divided in a way the court finds “just and right,” which may or may not be a 50/50 split. |
| Separate property | Property that belongs to only one spouse, such as assets owned before marriage, certain gifts or inheritances, and qualifying personal injury awards. The spouse claiming it must prove separate ownership by clear and convincing evidence. | Property owned before marriage; gifts or inheritances received by one spouse alone; certain personal injury awards (excluding lost wages); assets traced with deeds, bank statements, or other records. | Usually no. Properly proven separate property is generally not subject to division, though income produced by separate property during the marriage is often treated as community property. |
Before the court can divide anything, it has to know what it is dividing. That means every asset and debt must be identified and properly labeled as either community or separate.
Getting this right is critical. Mislabeling property can change what a spouse is entitled to in a Texas divorce by tens of thousands of dollars or more. We often see this issue in North Texas cases involving homes, retirement accounts, and small businesses.
What Counts as Community Property in Texas?
Community property generally includes assets and debts that are:
- Acquired by either spouse during the marriage
- Paid for with income earned during the marriage
Examples of marital assets commonly considered community property:
- Wages and bonuses
- Savings and checking accounts
- Houses and other real estate bought during the marriage
- Cars, trucks, and recreational vehicles
- Most retirement contributions (401(k), IRA, pensions) made during the marriage
- Credit card balances, personal loans, and certain tax liabilities
Under Tex. Fam. Code § 3.003, all property possessed by either spouse at divorce is presumed community property unless proven otherwise.¹
What Counts as Separate Property (And Why It Matters)?
Separate property is usually not subject to division in a Texas divorce if it is properly proven.² Separate property can include:
- Property one spouse owned before the marriage
- Gifts or inheritances to one spouse alone
- Certain personal injury awards (excluding lost wages)
The spouse claiming separate property—the requesting spouse—must prove it by clear and convincing evidence. That can require:¹
- Old deeds and closing papers
- Bank statements and account histories
- Gift letters or inheritance documents
- Tracing by a CPA or forensic accountant in complex cases
A spouse’s separate property stays with that spouse, but income produced by separate property during the marriage (like rent or interest) is often community property.
Special Issues: Property Acquired During Marriage but Titled to One Spouse
Title alone does not control. A house, vehicle, or account purchased during the marriage but titled only in one spouse’s name is often still community property if it was bought with community income. What matters is when the property was acquired and what funds were used, not whose name is on the paperwork.
Case Study: Tracing Community Funds to Protect a North Texas Parent’s Home
Problem: A Collin County parent came to us in a contested divorce, terrified of losing the family home and retirement accounts. The other spouse claimed most assets were separate because titles and account names were in that spouse’s name, and there were gaps in the records.
Action: We applied Texas community property presumptions and carefully traced deposits using pay stubs, tax returns, and years of bank statements. Working with a financial expert, we documented that key accounts and equity in the home were funded with community earnings and prepared QDROs to divide retirement benefits correctly.
Result: Before trial, we negotiated a settlement that treated the assets as community property. Our client kept the home, received a fair share of retirement benefits, and obtained support orders that fit the children’s needs and both parents’ financial realities.
Takeaway: In a Texas divorce, title alone does not control. Early documentation and tracing of community funds can be the difference between walking away scared and walking away with a “just and right” share of the marital estate.
A Personal Story from Attorney Christopher Migliaccio
Recently, I met with a father from Collin County who felt overwhelmed by the numbers in his divorce. He assumed his wife would keep the house and most of the retirement accounts because they were in her name. As we talked through their finances, I noticed several accounts funded entirely with income earned during the marriage. That changed everything. We gathered bank statements, pay stubs, and old closing documents to trace what was community property and what was separate. He relaxed when he saw the marital estate on paper instead of as a blur of fear. Over my 20 years practicing law, I’ve learned that clear information is often the best antidote to panic. This case reinforced that careful documentation is the key to a just and right division. Every situation is unique, but the principles remain constant. When families trust us with their futures, we take that responsibility seriously.
Division of Assets, Liabilities, and Retirement Accounts
Dividing assets and liabilities is more than just splitting everything down the middle. The goal is to reach a fair asset division that supports each spouse’s financial stability going forward.
How Texas Courts Divide Assets and Debts
Texas courts consider both real property and personal property, such as:¹
- Homes, rental properties, and land
- Vehicles, furniture, and personal belongings
- Bank accounts and investments
- Credit card balances and personal loans
- Tax liabilities and other debts
The court may award one spouse more of the assets and more of the debts, depending on each spouse’s financial resources, earning capacity, and need for financial independence. The goal is not to punish either spouse but to reach a division that is “just and right” under the circumstances.⁴
Retirement Accounts, QDROs, and Retirement Benefits
Retirement benefits are often some of the largest assets in a Texas divorce. Community portions of:
- 401(k) and 403(b) plans
- Pensions
- Some IRAs and deferred compensation plans
are typically divided between spouses.
To divide certain employer-sponsored plans, the court uses a Qualified Domestic Relations Order (QDRO). A QDRO tells the plan administrator to pay a share of the benefits directly to the other spouse, without early withdrawal penalties or extra taxes if handled correctly. Each plan has its own rules, so careful drafting is critical.
How Debt Division Affects Your Financial Future
Courts also divide:
- Credit card balances
- Medical expenses
- Tax debts and other liabilities
Even if the divorce decree says one spouse will pay a joint debt, creditors can still come after either name on the account. Understanding how debt division affects your financial future and credit is a key part of your negotiation strategy.
Child-Related Entitlements in a Texas Divorce
For parents, nothing matters more than their children. Texas courts must base child-related orders on the best interests of the child. Tex. Fam. Code § 153.002.³
Child Custody (Conservatorship) and Possession
Texas uses the term managing conservatorship for legal custody. The court can order:³
- Joint managing conservatorship – both parents share decision-making, which is presumed best in most cases
- Sole managing conservatorship – one parent has primary decision-making authority, often in cases involving family violence, substance abuse, or serious conflict
“Possession and access” describes the schedule for when the children are with each parent. Many families follow a Standard Possession Order; others use custom joint custody arrangements that fit work schedules, school, and children’s needs.
Entitlements here are not about “owning” the children but about decision-making and quality time.
Child Support Payments and Medical Expenses
Child support is usually paid by the non-custodial parent to the parent with primary possession. Guideline child support payments are based on the non-custodial parent’s income and the number of children involved. Tex. Fam. Code § 154.125.³
Courts also require parents to:
- Provide health insurance for the children, when available at a reasonable cost
- Share uncovered medical expenses, often in set percentages
Courts may deviate from guideline support when children have special needs or when one parent’s financial circumstances are unusual.
Related: Child Custody Attorneys in Dallas and North Texas.
Spousal Support and Maintenance Under Texas Law
Spousal support in Texas is much narrower than in many other states. Court-ordered spousal maintenance is only available when strict conditions are met, and even then, it is limited in amount and length. Tex. Fam. Code ch. 8.²
When Is a Spouse Entitled to Spousal Maintenance?
To receive court-ordered spousal maintenance, the requesting spouse generally must show:²
- They lack sufficient property (including their share of community property) to meet basic needs, and
- One of these applies:
- The marriage lasted 10+ years and they cannot yet earn sufficient income
- The other spouse committed family violence within the last two years
- The requesting spouse has a physical or mental disability
- The spouse cares for a child with a disability that prevents working
Texas law also allows contractual alimony by agreement, which can be more flexible than court-ordered maintenance. If you are also dealing with child custody issues, it may be helpful to hire a Dallas child custody attorney for a child custody case.
How Amount and Duration Are Decided
There is a cap on maintenance: usually the lesser of $5,000 or 20% of the paying spouse’s average gross monthly income. Tex. Fam. Code § 8.055.²
Duration typically depends on:
- Length of the marriage (for example, 5, 7, or 10 years of support)
- Each spouse’s education and skills
- Efforts by the requesting spouse to earn sufficient income
- Any physical or mental disability
Related: Spousal Support in Texas – What You Need to Know.
Financial Entitlements Beyond Property Division
When Texans ask, “What am I entitled to in a divorce in Texas?” they are usually asking about the whole financial picture. That may include:
- A fair share of community property and retirement accounts
- Child support and, in some cases, spousal maintenance
- Reimbursement claims, such as when:
- Community funds paid one spouse’s separate debt
- One spouse used community money to improve their separate property
A North Texas family law attorney looks at your entire financial situation—assets, debts, income, and tax issues—to help protect your financial security long-term, not just during the divorce.
Divorce Settlement Agreements and Texas Divorce Decrees
Most North Texas divorces end with an agreed settlement instead of a trial. A well-crafted divorce settlement can save time, money, and stress.
Why Many North Texas Families Choose Settlement
Settlement allows spouses to:
- Keep more control over their financial outcome
- Customize custody arrangements and parenting time
- Avoid the emotional strain of a trial
Mediation and attorney-led negotiation often help families reach agreements that feel fair to both sides.
What Must Be in a Texas Divorce Decree
The Final Decree of Divorce must clearly spell out:
- Property division and debt allocation
- Conservatorship, possession, and child-related rights
- Child support and medical support
- Spousal maintenance, if any
- Tax allocations and how future refunds/liabilities will be handled
- References to any needed QDROs for retirement accounts
The decree is the roadmap both spouses and third parties (like retirement plans) will follow after the divorce.
Legal Guidance and Representation in a Texas Divorce
Texas divorce laws and the legal system can feel overwhelming when you are also handling work, kids, and emotions. Strong legal representation helps level the playing field.
A North Texas divorce lawyer can:
- Help you gather key financial records (bank statements, tax returns, retirement account information)
- Identify separate and community property
- Evaluate what is realistic in terms of property, support, and custody
- Protect you from common mistakes, like signing divorce papers you do not understand
- Negotiate a fair Texas divorce settlement or prepare for trial if needed
Our Lead Counsel Verified attorneys offer free consultations, a transparent process, and nearly 20 years of experience helping North Texas families find your path forward.
High-Asset Divorce Considerations in Texas
High-asset divorces bring extra complexity to what each spouse is entitled to in a Texas divorce. These cases may involve:
- Multiple homes and investment properties
- Business or professional practices
- Large retirement accounts and stock options
- Significant tax liabilities
Careful property division may require appraisers, CPAs, and forensic tracing to sort out separate and community property. Mishandling QDROs, business valuations, or tax planning can cost a spouse a great deal of money.
If you have a high-asset marital estate, it is especially important to work with an experienced divorce attorney early in the process.
Related: Divorce Attorney in Dallas & Collin County – Serving All of DFW and North Texas.
Strategic Process – How to Protect What You’re Entitled to in a Texas Divorce
- Get Oriented: Learn the Basics
Read about the Texas divorce process, community vs. separate property, and the 60-day waiting period. Understanding the framework helps you make better choices. - Gather Your Financial Records
Collect bank statements, tax returns, pay stubs, retirement statements, mortgage and car loan documents, and credit card bills. These show the true financial circumstances of your marriage. - List All Marital Assets and Debts
Make a simple spreadsheet. Mark what you believe is community property and what you believe is separate. Note property owned before marriage and major property purchased during the marriage. - Prioritize Your Goals
Decide what matters most to you: keeping the home, reducing debt, stability for the kids, or maximum financial support. Your goals guide your settlement strategy. - Meet with a North Texas Family Law Attorney
Use a free consultation to review entitlements, risks, and realistic outcomes. Ask how the lawyer will approach negotiations and, if needed, trial. - Avoid Common Missteps While the Case Is Pending
Do not hide assets, run up new debt, or sign documents you do not understand. Talk to your lawyer before making big financial moves. - Negotiate a Settlement or Prepare for Trial
Use mediation and offers to seek a fair agreement. If settlement is not possible, your attorney will prepare to ask the judge for a “just and right” division and appropriate support.
Texas Statutes & Case Law That Shape Your Entitlements
Texas Family Code – Community and Separate Property
Key statutes include:
- Tex. Fam. Code §§ 3.001–3.003 – definitions and presumptions for separate and community property¹
- Tex. Fam. Code ch. 7 – rules for “just and right” division of the marital estate¹
These sections guide how Texas courts characterize and divide assets and debts.
Texas Family Code – Spousal Maintenance and Child Support
Important chapters include: Top Strategies for Divorce: Navigating Legal Process Effectively
- Tex. Fam. Code ch. 8 – eligibility, amount, and duration of spousal maintenance²
- Tex. Fam. Code ch. 153 – conservatorship (custody) and possession, using the best interests standard³
- Tex. Fam. Code ch. 154 – guideline child support and medical support³
These laws frame what parents and spouses may be entitled to receive or pay.
Sample Texas Cases on Property Division and Parental Rights
Texas appellate courts have upheld:
- Unequal property divisions when supported by evidence of fault, differing earning power, or wasting of assets (for example, Murff v. Murff, 615 S.W.2d 696 (Tex. 1981))⁴
- Strong protections for fit parents’ rights in custody disputes, emphasizing constitutional parental rights (for example, In re C.J.C., 603 S.W.3d 804 (Tex. 2020))⁵
These cases show how courts apply the statutes in real life, but every case is fact-specific.
Common Mistakes We’ve Seen Texans Make When Claiming What They’re Entitled To
- Assuming a guaranteed 50/50 split.
Many people think they are automatically entitled to half of everything. Texas law requires a just and right division, which may be more or less than 50/50 depending on your circumstances. - Failing to gather proof of separate property.
Without deeds, gift letters, or account records, the court may treat property as community, even if it was once separate. - Hiding assets or moving money.
Trying to hide income or transfer property can damage your credibility, lead to sanctions, and hurt your final outcome. - Signing divorce papers without legal review.
You might give up rights to retirement benefits, business interests, or maintenance without realizing it. Always have an attorney review agreements before you sign. - Ignoring tax consequences and long-term impact.
Focusing only on short-term wins can harm your long-term financial outcome. Property and support decisions can affect your taxes and retirement. - Not considering child-related entitlements.
Some parents trade away child support or parenting time to “get it over with.” That can affect your children’s stability and your relationship with them for years. - Waiting too long to get legal help.
Early advice shapes evidence gathering, strategy, and your protection. Waiting can limit options and give the other spouse an advantage.
Frequently Asked Questions About What You’re Entitled to in a Texas Divorce
Am I entitled to half of everything my spouse and I own in a Texas divorce?
Not necessarily. Texas courts divide community property in a way that is “just and right,” which may be more or less than 50/50 depending on your circumstances.¹
Is my spouse entitled to part of my 401(k) or pension in Texas?
The community portion of retirement accounts—benefits earned during the marriage—is usually subject to division, even if the account is in one spouse’s name. A QDRO or similar order is often used.
If my name is not on the house, can I still be awarded an interest in it?
Yes. If the house was purchased during the marriage with community funds, it is often community property, regardless of whose name is on the deed.
What is my wife or husband entitled to if they never worked outside the home?
Texas law is gender-neutral. A spouse who stayed home may still be entitled to a fair share of community property and, in some cases, spousal maintenance based on their needs and the other spouse’s ability to pay.²
Can I get spousal maintenance if I have a job but still cannot cover my basic needs?
Possibly. The court looks at whether you can meet your minimum reasonable needs from your property and income and whether you meet one of the statutory bases for maintenance.²
What am I entitled to if my spouse committed adultery or family violence?
Fault such as adultery or family violence can be a factor that supports an unequal property division and may affect conservatorship and possession orders.⁴
How do my entitlements change if we reach an agreed divorce vs. going to trial?
In an agreed divorce, you and your spouse decide what feels fair and workable. In a trial, the judge imposes a result based on the evidence and the law. Either way, your rights come from Texas law, but settlement gives you more control.
For North Texas residents, we offer free consultations to review your specific situation and explain your options.
Legal Authorities and Resources (Endnotes)
- Tex. Fam. Code §§ 3.001–3.003, 7.001–7.009 (community and separate property; just and right division). Official Texas Statutes, available at https://statutes.capitol.texas.gov.
- Tex. Fam. Code ch. 8 (spousal maintenance). Official Texas Statutes, https://statutes.capitol.texas.gov.
- Tex. Fam. Code chs. 153–154 (conservatorship, possession, and child support). Official Texas Statutes, https://statutes.capitol.texas.gov.
- Murff v. Murff, 615 S.W.2d 696 (Tex. 1981). Summary and opinion available at https://law.justia.com.
- In re C.J.C., 603 S.W.3d 804 (Tex. 2020). Full opinion available at https://law.justia.com/cases/texas/supreme-court/2020/19-0694.html.
- Internal firm resources: North Texas divorce, child custody, bankruptcy, and estate planning pillar pages for additional education on related topics.
