A Texas divorce is, at its heart, a financial event. The legal process matters, but most of the decisions that shape your next ten years are about money: who keeps the house, how retirement accounts are split, whether support is paid and for how long. This guide walks through how Texas handles each of those questions so you can plan with a clear head instead of guessing.
Texas is a community property state, but it divides what you built together in a way the court finds "just and right", which is not always a clean 50/50. Spousal maintenance is hard to qualify for and tightly capped. Child support is a straight percentage of the paying parent's income, up to a cap that rose in 2025.
How Texas divides property
Texas is a community property state, but it does not divide that property the way California does. Under Family Code 7.001, the court divides the community estate in a manner it finds "just and right." A roughly equal split is common, but the judge has discretion to divide it unequally based on factors such as each spouse's earning capacity, fault in the breakup, and health. So "community property" here does not guarantee an even split.
Community vs. separate property
Only community property is divided. Under Family Code 3.001, separate property stays with its owner and includes anything owned before the marriage, plus gifts, inheritances, and most personal injury recoveries. Everything else acquired during the marriage is presumed community, and to keep something separate you generally have to prove its separate character by clear and convincing evidence.
The complication most people miss is commingling. Mix separate money into a joint account, or use community earnings to improve a separate asset, and the line blurs fast. The community estate may also have a reimbursement claim when its funds benefited one spouse's separate property. Clear records are often what decide whether you keep what is yours.
The house, the retirement accounts, and the debts
The two biggest assets in most divorces are the family home and retirement savings. Retirement built up during the marriage is community property even if the account is in one spouse's name, and dividing certain accounts takes a separate court order so the transfer is not taxed as an early withdrawal. Debts are part of the just-and-right division too. Trading the house for the retirement account is a common move that can quietly cost a great deal if the after-tax values are not compared properly. Modeling these trade-offs before you agree to anything is exactly the kind of decision Your Divorce Angel is built to help you see clearly.
Spousal maintenance
This is where Texas surprises people. Court-ordered spousal maintenance is harder to get here than in almost any other state, and the court starts from a presumption that it is not warranted.
Who qualifies
Under Family Code 8.051, the spouse asking for maintenance must first show they will lack enough property, including their share of the community estate, to meet their minimum reasonable needs. On top of that, they must fit one of these categories:
- Long marriage — married at least 10 years and unable to earn enough to meet minimum reasonable needs.
- Family violence — the other spouse was convicted of or received deferred adjudication for family violence near the time of the divorce.
- Disability — the spouse cannot earn enough because of a physical or mental disability, regardless of marriage length.
- Caring for a disabled child — the spouse cannot work enough because they care for a child of the marriage with a disability.
How much, and for how long
There is no percentage formula for the amount. But Family Code 8.055 sets a hard cap: maintenance cannot exceed the lesser of $5,000 per month or 20% of the paying spouse's average monthly gross income. Duration is capped by marriage length under Family Code 8.054:
| Basis | Maximum duration |
|---|---|
| Marriage 10 to 20 years (or family violence) | Up to 5 years |
| Marriage 20 to 30 years | Up to 7 years |
| Marriage 30 years or more | Up to 10 years |
Maintenance based on a disability or caring for a disabled child can last as long as that condition continues. Courts also order the shortest period they think is needed, so these are ceilings, not defaults.
For orders signed after December 31, 2018, spousal maintenance is not deductible for the person paying and not taxable for the person receiving it, under federal law. Texas has no state income tax, so there is no separate state wrinkle to plan around, unlike states such as California.
Child support
Texas uses a straightforward percentage-of-income model under Family Code 154.125, based only on the paying parent's net resources, not both incomes. The guideline percentages are 20% for one child, 25% for two, 30% for three, 35% for four, and 40% for five or more. Those percentages apply up to a cap on monthly net resources, which rose from $9,200 to $11,700 on September 1, 2025, the first increase since 2019. For one child at the cap, that is about $2,340 a month. Courts can order more than the guideline when a child has proven extra needs. If you have an older order set under the previous cap, it may be worth checking whether the new figure changes your number.
The financial timeline
Two things people consistently underestimate: how long the process takes and how much costs rise once you are running a household alone. To file in Texas, one spouse must have lived in the state for 6 months and in the filing county for 90 days. And no divorce can be finalized until at least 60 days after the petition is filed, even if you agree on everything. A realistic financial sequence:
- Before filing — gather a complete picture of assets, debts, income, and expenses, and sort out what is separate versus community. Every later decision rests on these.
- Temporary orders — temporary support and living arrangements while the case proceeds.
- Disclosure and negotiation — both sides exchange financial information; settlement scenarios get modeled and compared.
- Settlement or trial — most Texas divorces settle. The ones that go to trial cost more and hand the decisions to a judge.
- After the decree — the just-and-right division, support, and any account transfers are carried out.
Texas divorce finance, at a glance
| Property division | Community property, divided "just and right" (can be unequal) (Fam. Code 7.001) |
|---|---|
| Separate property | Pre-marriage assets, gifts, inheritances, personal injury recoveries (Fam. Code 3.001) |
| Spousal maintenance | Presumption against; narrow eligibility (Fam. Code 8.051) |
| Maintenance amount cap | Lesser of $5,000/month or 20% of payer's gross income (Fam. Code 8.055) |
| Maintenance duration cap | 5 / 7 / 10 years by marriage length (Fam. Code 8.054) |
| Child support | 20/25/30/35/40% of payer's net resources (Fam. Code 154.125) |
| Child support cap | $11,700/month net resources (raised Sept 1, 2025) |
| Residency / waiting period | 6 months in state, 90 days in county; final no sooner than 60 days after filing |
Questions worth asking before you negotiate
- What is the full community estate, and which assets can be proven separate?
- Are there reimbursement claims because community funds improved separate property, or vice versa?
- If we trade the house for the retirement account, are we comparing after-tax values?
- Do I actually qualify for spousal maintenance, and if so, what is the realistic capped amount and duration?
- What will my true monthly cost of living be once I am on my own, and what does each scenario look like five and ten years out?
Texas divorce: common questions
Is Texas a community property state?
Yes, but the court divides community property "just and right," which can be unequal, not an automatic 50/50 (Family Code 7.001). Separate property, owned before marriage or received by gift, inheritance, or personal injury recovery, is not divided (Family Code 3.001).
Does Texas split everything 50/50?
No. A roughly equal split is common, but a court can divide unequally based on factors such as earning capacity, fault, and health. Separate property is not divided at all.
Can I get spousal maintenance?
It is limited. The court presumes it is not warranted. You must lack enough property to meet your minimum reasonable needs and also fit a category: married 10+ years and unable to earn enough, family violence, disability, or caring for a disabled child (Family Code 8.051).
How much maintenance can be ordered?
The lesser of $5,000 per month or 20% of the payer's average monthly gross income (Family Code 8.055), for up to 5, 7, or 10 years depending on marriage length (Family Code 8.054).
How is child support calculated?
A percentage of the paying parent's net resources (Family Code 154.125): 20% for one child, 25% for two, 30% for three, and so on, up to a net resources cap that rose to $11,700 per month on September 1, 2025.
How long does a Texas divorce take?
At least 60 days after the petition is filed (Family Code 6.702), and often longer. To file, one spouse must have lived in Texas 6 months and in the county 90 days.
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This guide is general financial information about divorce in Texas and reflects the Texas Family Code as of the date noted. It is not legal advice, and laws and individual circumstances change. Always consult a licensed Texas attorney for advice specific to your situation.