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Texas Divorce Information Property Ownership For Divorce Purposes Community property state, which means the courts start with the presumption that the property division should be 50/50. The court has the discretion to divide marital property unequally if the circumstances warrant it. Marital fault can be considered when dividing property in Texas. What Property is Divided? Separate property state. Only marital property is divided in a divorce. Separate property is generally 1) Property acquired before the marriage, 2) Property acquired by gift, 3) Property acquired by inheritance, 4) Personal injury awards, except when they compensate for losses to the marriage. Alimony At the court's discretion, but must have been a marriage that lasted at least 10 years, or the paying spouse was at fault. Marital fault can be considered. Except in a case of disability, alimony cannot last longer than 3 years, and cannot exceed the lesser of $2,500 per month or 20% of the paying spouse's monthly gross income. Terminates upon the death of either party, and upon the receiving party's remarriage or cohabitation with another person. Child Support Percentage of income method, which means only the income of the paying parent is considered. Emancipation is age 18, unless still in high school, in which case the court can extend it. Courts generally will not order payment of college education costs. Child Support Calculator. Child Support Enforcement The Texas child support enforcement agency can be found at: http://www.oag.state.tx.us/child/#services Divorce Related Statutes For Texas http://tlo2.tlc.state.tx.us/statutes/fa.toc.htm Other Resources The Divorce Financial Survival Series |