Estimate your share of marital property under Texas's community property laws. Personalized to your situation. Instant results.
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Community Property
Property System
50/50
Default Split
60 days
Waiting Period
months
Residency Required
Texas is a community property state, meaning all assets acquired during your marriage are presumed to belong equally to both spouses. However, Texas law does not require an automatic 50/50 split — courts divide the marital estate in a 'just and right' manner based on the specific circumstances of your case. Factors like income disparity, fault, health, custody of children, and career sacrifices can all shift the division in your favor.
As a community property state, Texas presumes that assets acquired during the marriage belong equally to both spouses. Separate property — assets owned before marriage, gifts, and inheritances — generally remains with the original owner. However, courts may deviate from a 50/50 split based on specific factors.
Primary statute: Texas Family Code Chapter 7 (Property Division), Chapter 3 (Marital Property), Chapter 8 (Maintenance)
In Texas, spousal support is called 'spousal maintenance' and is more limited than in most other states. To qualify, you must show you cannot meet your minimum reasonable needs after divorce AND meet at least one eligibility condition — most commonly a marriage of 10+ years with insufficient earning capacity. If awarded, payments are capped at $5,000/month or 20% of your spouse's gross income (whichever is less), and duration is limited based on how long you were married.
A common mistake in Texas divorces is assuming you will automatically receive 50% of everything. Texas courts have wide discretion to award significantly more or less than 50% depending on fault, income gaps, and other factors. Equally important: if you have premarital assets that have been commingled with marital funds over the years, you may need a forensic accountant to trace and protect your separate property — otherwise it may be treated as community property subject to division.
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Financial Snapshot
Assets, debts, net worth — classified by state law
Property Division
Who gets what under Texas's community property rules
What-If Scenarios
3 options compared with 10-year projections
Child Support
Texas-specific formula calculation
Spousal Maintenance
Eligibility, amount, and duration estimate
Tax Impact
Filing status, capital gains, retirement transfers
Post-Divorce Budget
Monthly cash flow and 5-year projection
Action Plan
Step-by-step roadmap with cost estimates
Your Texas report includes deep state-specific analysis with statutory formulas, negotiation strategies, and legal citations.
Deep-dive articles on Texas divorce law, grounded in real statutes and case law.
Texas is a community property state. This means property acquired during the marriage is generally presumed to belong to both spouses equally. The default starting point is a 50/50 split.
Texas is a community property state, meaning all assets acquired during your marriage are presumed to belong equally to both spouses. However, Texas law does not require an automatic 50/50 split — courts divide the marital estate in a 'just and right' manner based on the specific circumstances of your case. Factors like income disparity, fault, health, custody of children, and career sacrifices can all shift the division in your favor.
In Texas, spousal support is called 'spousal maintenance' and is more limited than in most other states. To qualify, you must show you cannot meet your minimum reasonable needs after divorce AND meet at least one eligibility condition — most commonly a marriage of 10+ years with insufficient earning capacity. If awarded, payments are capped at $5,000/month or 20% of your spouse's gross income (whichever is less), and duration is limited based on how long you were married.
Yes. Texas considers marital fault (including adultery) as a factor in property division. This can result in a disproportionate share of marital assets being awarded to the innocent spouse.
Texas has a mandatory waiting period of 60 days after filing before the divorce can be finalized. The residency requirement is undefined months.
Based on Texas law, the three most important questions to ask are: (1) Given the income disparity in our marriage, what percentage split is realistic for our specific county's judges — and do I have enough documentation to support a disproportionate share claim? (2) Do I need to hire a forensic accountant to trace any separate property, and what is the approximate cost vs. the potential recovery in my case? (3) Should I pursue court-ordered spousal maintenance or negotiate contractual alimony in settlement — and which gives me more flexibility on amount and duration given my situation?
Given the income disparity in our marriage, what percentage split is realistic for our specific county's judges — and do I have enough documentation to support a disproportionate share claim?
Do I need to hire a forensic accountant to trace any separate property, and what is the approximate cost vs. the potential recovery in my case?
Should I pursue court-ordered spousal maintenance or negotiate contractual alimony in settlement — and which gives me more flexibility on amount and duration given my situation?
Your Texas divorce settlement is one of the biggest financial decisions of your life.
Start My Free TexasEstimate →This tool provides educational estimates based on Texas community property law and does not constitute legal advice. Consult a licensed Texas family law attorney before making decisions. Primary statute: Texas Family Code Chapter 7 (Property Division), Chapter 3 (Marital Property), Chapter 8 (Maintenance). Source: https://statutes.capitol.texas.gov/Docs/FA/htm/FA.7.htm