Texas Divorce Settlement Guide

Last reviewed: February 2026

Texas is one of nine community property states in the U.S., but unlike some others, Texas does not require a 50/50 split. Instead, courts divide the community estate in a manner that is "just and right," which can mean an unequal division depending on the circumstances. If you are going through a divorce in Texas, understanding how the state treats property, spousal maintenance, child support, and taxes can help you evaluate whether a proposed settlement actually works for your financial future.

How property is divided in Texas

Texas follows community property rules under Texas Family Code Chapter 3. Property acquired during the marriage is presumed to be community property, owned jointly by both spouses. Separate property includes anything owned before the marriage, received as a gift or inheritance during the marriage, or personal injury recoveries (except lost earning capacity).

Under Texas Family Code Section 7.001, the court divides the community estate in a "just and right" manner. This does not necessarily mean 50/50. Courts may consider factors such as fault in the breakup of the marriage, each spouse's earning capacity, health, age, custody of minor children, and the size of each spouse's separate estate when deciding how to divide property. If one spouse wasted community assets or was at fault, the other spouse may receive a larger share.

The median home value in Texas is approximately $306,000, with property tax rates around 1.60% — among the highest in the nation — and closing costs around 1.5% of the sale price. Because Texas has no state income tax, property taxes are the primary state-level tax burden for homeowners. The decision to keep or sell the family home should factor in these ongoing costs on a single income.

How spousal maintenance works in Texas

Texas uses the term "spousal maintenance" for court-ordered support. Separately, spouses may agree to "contractual alimony" in a settlement, which is not subject to the statutory caps described below. Texas is one of the most restrictive states in the nation when it comes to court-ordered spousal maintenance.

To qualify for court-ordered spousal maintenance under Texas Family Code Section 8.051, a spouse must show they lack sufficient property and cannot meet minimum reasonable needs, AND at least one of the following applies: the marriage lasted 10 or more years, there was family violence within two years of filing, the spouse has a disabling physical or mental condition, or the spouse is a custodian of a child who requires substantial care due to a disability.

Court-ordered spousal maintenance is capped at the lesser of $5,000 per month or 20% of the paying spouse's average monthly gross income. Duration is limited based on the length of the marriage: up to 5 years for marriages of 10–20 years, up to 7 years for marriages of 20–30 years, and up to 10 years for marriages of 30 or more years. These caps and limits make Texas one of the least generous states for spousal support.

Courts consider several factors when setting maintenance, including each spouse's ability to meet minimum reasonable needs, education and employment skills, duration of the marriage, age, health, marital misconduct (including adultery), and contributions as a homemaker.

Child support in Texas

Texas uses a percentage-of-obligor's-income model for child support, which is unusual — most states use an income shares model that considers both parents' incomes. In Texas, only the noncustodial parent's net resources are considered. The standard percentages under Texas Family Code Section 154.125 are: 20% for one child, 25% for two children, 30% for three, 35% for four, and 40% for five or more.

There is a cap on the amount of net resources subject to the percentage guidelines — $11,700 per month as of September 2025. For income above the cap, the court may order additional support based on the child's proven needs. Child support generally continues until the child turns 18 or graduates from high school, whichever is later. Support may continue indefinitely for a child with a substantial disability that existed before age 18.

Tax considerations

Texas has no state income tax, which simplifies post-divorce financial planning compared to most states. Your take-home pay is affected only by federal taxes, Social Security, and Medicare. This also means there is no state-level tax impact from spousal maintenance payments or asset transfers in divorce.

Under the Tax Cuts and Jobs Act (TCJA), for divorce agreements executed after December 31, 2018, spousal maintenance payments are no longer deductible by the payer and are not considered taxable income to the recipient at the federal level. This changed the economics of support significantly — the same dollar amount costs the payer more and is worth more to the recipient than under the old rules.

When dividing retirement accounts, remember that traditional 401(k) and IRA distributions will be taxed as ordinary income when withdrawn. Even without a state income tax, federal taxes can reduce the spending power of a $200,000 retirement account to roughly $150,000–$170,000 depending on your bracket. Roth accounts, which have already been taxed, are worth more dollar-for-dollar. Consider the after-tax value of each asset when evaluating whether a proposed split is truly equitable.

This is where most people get stuck. Comparing the real value of pre-tax retirement accounts, home equity, and liquid assets takes more than a spreadsheet. DivorceSmart Pro calculates the after-tax value of every asset in your settlement so you can see whether the split is truly equal — not just on paper.

Key questions to ask your attorney

What does a "just and right" division look like for our situation?

Unlike states that start with a 50/50 presumption, Texas courts have significant discretion. Fault, earning capacity, health, custody arrangements, and the size of each spouse's separate estate can all shift the division. Ask your attorney what a realistic range looks like given your specific facts.

Do I qualify for court-ordered spousal maintenance?

Texas has strict eligibility requirements. If your marriage lasted fewer than 10 years and there are no special circumstances (family violence, disability), you may not qualify for court-ordered maintenance at all. However, you may still negotiate contractual alimony as part of a settlement, which is not subject to the same statutory caps.

How do the residency requirements work?

Texas requires at least one spouse to have been a resident of the state for 6 months and a resident of the filing county for 90 days before filing. There is a mandatory 60-day waiting period after filing before the divorce can be finalized. Your attorney can help you plan the timeline.

Can I afford to keep the house on a single income?

With Texas's high property tax rates (around 1.60%), keeping the family home means absorbing the full mortgage, property taxes, insurance, and maintenance on one income. The homestead exemption provides some tax relief ($140,000 for school taxes), but the ongoing costs are still substantial. Run the numbers carefully before deciding to keep vs. sell.