What a Wife Is Entitled to in a Texas Divorce: Property Division, Alimony, Child Custody, and Financial Rights Explained
Divorce is one of life’s most challenging transitions, and for many women, one of the biggest concerns is financial security and custody of children. Whether you’ve been a stay-at-home mom, the primary breadwinner, or shared financial responsibilities, you may be wondering:
- Will I get alimony?
- Am I entitled to half of everything?
- Who gets the house?
- What happens with child custody and support?
Texas has specific divorce laws that govern property division, alimony, and custody, and understanding these laws can help ensure you get a fair and just outcome. If you’re considering divorce, here’s what you need to know about what a wife is entitled to in a Texas divorce.
Texas Divorce Laws: Understanding Community Property
If you’re like many women going through a divorce, one of your biggest questions is “What happens to everything we own?” From your home to your savings, it’s natural to worry about how assets will be divided.
Texas follows community property laws, meaning most assets acquired during the marriage belong to both spouses equally. But that doesn’t always mean a 50/50 split—the court considers many factors to determine a fair division. Understanding what’s considered community vs. separate property can help you know what to expect when it comes to dividing assets.
Texas as a Community Property State
Texas follows community property laws, meaning that most assets acquired during the marriage are considered joint property—regardless of who earned the income or whose name is on the title.
- Community property includes:
- Income earned during the marriage
- Homes, cars, and real estate purchased during the marriage
- Retirement accounts, investments, and savings accumulated while married
- Debts incurred during the marriage (such as credit card debt and loans)
- Separate property includes:
- Property owned before the marriage
- Gifts or inheritances received by one spouse
- Settlements from personal injury lawsuits (except lost wages)
How Property is Divided in a Divorce
Although Texas is a community property state, this does not mean everything is split 50/50. The court aims for a fair and just division of property, which means that one spouse could receive more than half depending on the circumstances.
Factors that influence property division include:
- The length of the marriage
- Each spouse’s earning ability and financial situation
- Who has primary custody of the children
- Whether one spouse committed financial misconduct (such as wasting marital assets on an affair)
What Property is a Wife Entitled to in a Texas Divorce?
You may have built a life together, but now that the marriage is ending, the big question is: “What do I get?”
Texas law entitles wives to a fair division of all community property, but not all assets are treated equally. The court considers things like who contributed financially, who has custody of the children, and whether one spouse financially harmed the other (such as wasting money on an affair).
While some wives walk away with more than half of the assets, others may need to fight for their fair share—especially if their spouse is hiding assets or trying to minimize what they owe. Knowing what you’re entitled to before negotiations begin can help you protect yourself financially.
Marital Assets vs. Separate Property
A wife is entitled to a fair division of community property, but she cannot claim ownership over her spouse’s separate property. Courts will first identify which assets are marital (community) and which are separate before making a decision.
Can a Wife Get More Than 50% of Assets?
Yes, in certain cases, a wife may receive more than 50% of the marital property. This happens when:
- The husband was the cause of the divorce due to adultery, domestic violence, or financial misconduct
- The wife has significantly lower earning potential or is unable to work due to health or childcare responsibilities
- The wife has primary custody of minor children
Division of Real Estate, Bank Accounts, and Retirement Funds
- Who gets the house? Courts consider who has custody of the children and who can afford to maintain the home. Sometimes, the wife is granted the home but may need to compensate the husband for his share.
- Bank accounts and investments are typically divided in a way that ensures fairness.
- Retirement funds accumulated during the marriage may be split through a Qualified Domestic Relations Order (QDRO).
Is a Wife Entitled to Alimony (Spousal Support) in Texas?
Many women wonder, “Can I get alimony? Will my husband have to help me financially?”
When Spousal Support is Granted
Texas law allows spousal maintenance (alimony) only under specific circumstances. A wife may receive alimony if:
- The marriage lasted 10 years or more, and she lacks sufficient income to meet her basic needs
- She has custody of a child with disabilities that prevent her from working
- She is unable to work due to a disability
- Her husband was convicted of family violence within two years before filing for divorce
How Much Alimony Can a Wife Receive?
Texas law caps alimony payments at $5,000 per month or 20% of the paying spouse’s gross monthly income, whichever is lower. The duration of spousal support depends on the length of the marriage:
- 5 years (if married 10–20 years)
- 7 years (if married 20–30 years)
- 10 years (if married over 30 years)
What If the Husband Refuses to Pay?
If a husband refuses to pay court-ordered alimony, the wife can seek enforcement through the court. Texas courts can:
- Garnish the husband’s wages
- Hold him in contempt of court, which can lead to fines or jail time
What About Child Custody and Support?
One of the biggest concerns for divorcing mothers is child custody. You might be wondering:
- Will I automatically get custody?
- How much child support can I receive?
- What if my husband fights for full custody?
Child Custody Laws in Texas
Texas courts prioritize the best interests of the child when determining custody. A wife is not automatically granted custody—but if she has been the primary caregiver, she is more likely to receive primary custody.
Texas recognizes:
- Joint Managing Conservatorship (JMC) – Both parents share decision-making rights.
- Sole Managing Conservatorship (SMC) – One parent has primary decision-making authority, often due to domestic violence, substance abuse, or absence of the other parent.
How Much Child Support Can a Wife Receive?
Texas law sets child support based on the paying parent’s income:
- 1 child – 20% of net monthly income
- 2 children – 25%
- 3 children – 30%
- 4 children – 35%
Child support continues until the child turns 18 or graduates from high school, unless the child has a disability, in which case support may continue indefinitely.
Can a Wife Stay in the Marital Home After Divorce?
Your home is more than just a piece of property—it’s where you’ve built your life, raised your children, and created memories. If you’re facing divorce, you may be wondering, “Will I be able to stay in the house?”
Who Gets the House in a Texas Divorce?
Texas courts consider several factors when deciding who stays in the marital home:
- Who has primary custody of the children
- Each spouse’s ability to afford the home
- Whether the house is separate or community property
What If the Home is in the Husband’s Name?
Even if the house is only in the husband’s name, the wife may still have a claim to it if mortgage payments were made with community funds. In such cases, the wife may:
- Request a buyout of her share
- Be awarded the home if she has primary custody
Special Considerations for High-Asset Divorces
High-net-worth divorces often involve:
- Business ownership and stock options
- Hidden assets
- Complex investment accounts
In such cases, forensic accountants and financial experts may be necessary to ensure a fair division of assets.
How to Protect Your Rights in a Texas Divorce
Going through a divorce can feel overwhelming, but one of the best ways to protect yourself is to be prepared. If you’re a wife facing divorce, here are some key steps to take:
Gather Financial Documents and Evidence
Before filing for divorce, a wife should collect:
- Bank and investment statements
- Mortgage and property records
- Tax returns
- Proof of income for both spouses
Hire the Right Divorce Attorney
Having an experienced divorce attorney can make a significant difference in:
- Securing a fair property settlement
- Ensuring proper child support and alimony payments
- Protecting custody rights
Conclusion
Every divorce is unique, but understanding your rights can help you make informed decisions. A wife in Texas may be entitled to a fair share of marital assets, alimony, and child support, but proper legal representation is key to ensuring a just outcome.
At The Law Office of Nida Din PLLC, we advocate for women’s financial and parental rights during divorce.
???? Contact us at (512) 333-0715 today for a confidential consultation and take the next step toward protecting your future.