What is a Wife Entitled to in a Divorce in Texas? 7 Things to Know

When you’re facing a divorce in Texas, one of your top concerns is likely what you’ll walk away with when all is said and done. As a wife, it’s critical to understand your entitlements under Texas law to ensure you receive a fair share in your divorce settlement.

At the Law Office of Aimee Stritchko, we’re here to guide you through this process and fight for the assets and support you deserve. In this article, we’ll break down the key things every wife should know about her rights in a Texas divorce.

1. Texas is a Community Property State

Texas follows the community property system, which means that generally, any assets acquired by either spouse during the marriage are considered community property and subject to division in a divorce.

There are some exceptions, like property owned before marriage or inherited during the marriage, which may qualify as separate property. But the key takeaway is that wives in Texas can typically expect to receive half of all community assets.

What Assets Are Included?

So, what counts as community property? The list is extensive, but some of the most significant assets divided in a divorce include:

• Real estate, including the marital home
• Bank accounts and cash
• Investment accounts, stocks, and bonds
• Motor vehicles
• Furniture and appliances
• Art, jewelry, and other valuables

Essentially, anything purchased or earned during your marriage will likely be on the table when it comes to property division.

2. You Have a Claim to Your Husband’s Retirement

If you’re like many couples, a substantial chunk of your net worth may be tied up in retirement accounts. In Texas, retirement benefits like 401(k)s, IRAs, and pensions accumulated during the marriage are considered community property.

This means that even if the account is only in your husband’s name, you have a right to a portion of those funds. How much you’re entitled to will depend on factors like how long you were married and when the benefits were earned.

How Retirement Accounts Are Divided

Dividing retirement accounts can be complex, often requiring a special court order called a Qualified Domestic Relations Order (QDRO). This order instructs the plan administrator on how to pay out the benefits to each spouse.

It’s essential to work with an attorney who understands the nuances of dividing retirement assets to ensure you receive your fair share and avoid unintended tax consequences.

3. Your Rights to the Marital Home

For many couples, their most significant asset is their home. If you and your husband own a home together, you’ll need to decide what to do with it in the divorce.

In Texas, you typically have two options:

1. Sell the home and split the proceeds
2. One spouse keeps the home and buys out the other’s share

There are pros and cons to each approach. Selling allows for a clean break but may disrupt children’s lives. Keeping the home provides stability but can be a financial stretch.

The Possibility of Deferred Sale

If you have minor children, the court may allow the custodial parent (usually the wife) to remain in the marital home until the youngest child graduates high school. This is known as a deferred sale.

With a deferred sale, the non-custodial parent’s share of the home’s equity is calculated at the time of divorce but not paid out until the agreed-upon future sale date.

4. Spousal Support May Be Available

In addition to your share of the community assets, you may be entitled to ongoing spousal support, also known as alimony, after your divorce. Spousal support is intended to help the lower-earning spouse maintain a reasonable standard of living.

Qualifying for Spousal Support

Not everyone is eligible for spousal support in Texas. To qualify, you must show one of the following:

• Your marriage lasted ten years or more, and you lack sufficient property and income to provide for your minimum reasonable needs
• Your spouse was convicted of family violence within two years of the divorce filing
• You are unable to earn sufficient income due to an incapacitating physical or mental disability
• You are the custodian of a child of the marriage who requires substantial care due to a disability

If you meet one of these criteria, the court will consider additional factors like each spouse’s financial resources, education and job skills, and contributions to the marriage to determine an appropriate support amount and duration.

5. Your Share of Other Valuable Assets

While we’ve covered some of the most common assets divided in a divorce, many couples have additional valuable property subject to division. This might include:

• Vacation homes or timeshares
• Stock options, restricted stock units, or other employee benefits
• Business interests or professional practices
• Intellectual property like patents, trademarks, or copyrights

Just like your primary residence or bank accounts, wives are generally entitled to an equitable portion of all such assets acquired during the marriage. The key is making sure all property is properly identified, valued, and accounted for in the divorce settlement.

6. Supporting Your Children After Divorce

If you have children, ensuring their financial well-being is likely one of your top priorities in the divorce. In Texas, both parents have a legal duty to financially support their children.

Typically, the non-custodial parent (often the husband) will be ordered to pay child support to the custodial parent (often the wife) to help cover the costs of raising the children.

Calculating Child Support

Texas uses a formula to calculate child support based on the non-custodial parent’s net income and the number of children. The guidelines presume that a parent should pay:

• 20% of net resources for one child
• 25% for two children
• 30% for three children
• 35% for four children
• 40% for five children
• At least 40% for six or more children

In addition to the base child support amount, parents are required to provide health insurance for the children and share the cost of any uninsured medical expenses.

7. Obtaining Temporary Support

Divorces don’t happen overnight. It can take months or even years to finalize all the details. In the meantime, you may need financial help to cover your living expenses and legal fees.

In Texas, the court can issue temporary orders for things like spousal support, child support, attorney’s fees, and exclusive use of certain property while your divorce is pending. We can help you request these orders to ensure you have access to the resources you need during the divorce process.

Protect Your Interests with the Law Office of Aimee Stritchko

Divorce isn’t easy, especially when it comes to complex assets and financial entitlements. At the Law Office of Aimee Stritchko, PLLC, we bring years of combined experience to help our clients achieve the best possible outcomes in their divorces.

If you’re a wife considering divorce or in the midst of the process, it’s crucial to understand your rights and advocate for your fair share. Our team can guide you through property division, spousal support, child custody, and all other aspects of your case.

Contact the Law Office of Aimee Stritchko to schedule a consultation with a dedicated divorce attorney who will fight for what you deserve.