What Happens to Property Acquired After Separation But Before Divorce in Texas?

On Behalf of Kevin E. Sralla | September 15, 2025 | Blog

If you and your spouse are living apart but not yet divorced, you may wonder what happens to property acquired after separation but before divorce.

This is one of the most common (and often most confusing) questions we hear from clients. In San Antonio, where family, finances, and cultural values run deep, understanding how Texas law treats marital property during this in-between stage can make a huge difference in protecting your future.

At Sralla Family Law, PLLC, we know this time can feel uncertain. You may feel like your life is on pause, and questions about money, property, or debts only add to the stress. Let’s walk through what Texas law says and how a caring San Antonio property division attorney can guide you.

Community Property Basics in Texas

Texas is a community property state. That means, with a few exceptions, property or income acquired during the marriage belongs to both spouses equally.

But here’s the part many people don’t realize: marriage doesn’t legally end until a judge signs a divorce decree.

That means if you separate, move out, and even live completely independent lives, Texas law still considers you legally married until the divorce is finalized.

So, if you buy a car, start a business, or even build up retirement savings after separation but before divorce, those assets may still be considered marital property subject to division in court.

Equitable Distribution vs. Texas Law

You may have heard the term equitable distribution or equitable division. These concepts come from states that are not community property states. In an equitable distribution state, the court tries to divide property based on what is fair, which may not always be a 50/50 split.

Texas is different. Because Texas is a community property state, courts presume an equal property split. However, judges may consider several factors when deciding how to divide property, such as fault in the breakup, each spouse’s earned income, or responsibilities for children. In practice, Texas courts often aim for an equitable division that reflects fairness, even though the law begins with a 50/50 presumption.

What Counts as Separate Property?

Not everything falls into the “community” basket. Texas law considered separate property as:

• Assets or property owned before marriage
• Assets you received as a gift or inheritance
• Certain personal injury settlements

If your spouse buys something after separation using funds that qualify as your spouse’s separate property, it may remain solely theirs. However, proving that in court can be challenging. Texas courts require clear and convincing evidence to prove something is not part of the marital estate. That’s why having a skilled property division lawyer on your side is so important to help trace funds and protect what is rightfully yours.

Why the “Date of Separation” Doesn’t Stop the Clock

Unlike some states, Texas has no legal concept of “date of separation” that automatically changes property rights. Everything acquired during the marriage before the final divorce decree is considered community property in Texas. This can feel frustrating, especially if you’ve been apart for months (or even years).

The good news? Judges in Bexar County and across Texas have some discretion when dividing property. If your spouse has been reckless with spending, or if you’ve carried the financial load during the separation period, the court considers those details when making decisions.

Common Property Division Issues After Separation

Here are some situations where property questions can get especially complicated:

1. New Debts

If your spouse racks up credit card debt or personal loans after separation, you may be worried you’ll get stuck with half the bill. Courts generally look at whether the debts acquired benefited the community. A San Antonio property division attorney can argue why certain debts should remain solely your spouse’s responsibility.

2. New Income

Raises, bonuses, or business profits earned before divorce are usually considered community property. This can be particularly stressful for professionals who work hard to grow their careers during separation.

For example, if one spouse receives a significant bonus, the other spouse may still have a claim to part of it. In Texas, money earned during marriage is typically considered community property.

3. Real Estate Purchases

Buying a house after separation may seem like a fresh start, but without careful planning, that real property could still be pulled into the marital estate. Even if only one spouse signs the mortgage, the asset may be divided as part of the divorce case.

4. Retirement Accounts

Contributions made to 401(k)s, pensions, or IRAs before divorce are generally subject to division even if you’re no longer living with your spouse. A qualified domestic relations order may be needed to divide these accounts fairly.

Protecting Yourself During Separation

While you can’t change Texas law, you can take steps to protect yourself:

• Keep careful financial records. This helps distinguish marital and separate property.
• Think before making big purchases. Talk with a lawyer before buying real estate, cars, or significant assets.
• Consider a temporary agreement. In some cases, a separation agreement or even a formal separation agreement can clarify how marital assets and debts will be handled during the divorce process.
• Work toward a property settlement agreement. If both spouses agree, this can simplify the divorce proceedings and lead to a fair resolution.
• Talk to an experienced attorney early. A knowledgeable San Antonio divorce lawyer can give you clarity and peace of mind before minor issues become big disputes.

Why Legal Guidance Matters

We know this is more than just numbers on paper. For many families in San Antonio, property is tied to dreams like buying a home, building a business, or saving for children’s futures. Sometimes, protecting assets acquired during marriage requires more than documents.

That’s why having an advocate who understands both the law and your life matters. At Sralla Family Law, PLLC, we’ll help you understand your rights, negotiate fairly, and, if needed, fight to have your contributions recognized. Whether it’s spousal support, child support, or working out a property settlement agreement, we stand by you at each stage of the divorce process.

Worried About Property After Separation in Texas?

If you’re separated and worried about what happens to property acquired after separation but before divorce, you’re not alone. Texas law can feel confusing, but with the proper guidance, you can move forward with confidence.

At Sralla Family Law, PLLC, we live by our belief: Strength Of A Giant, Heart Of A Neighbor – Your San Antonio Law Allies. We blend the might of large firm services with warmth and care, so you never feel like “just another case.”

Ready to talk? Let’s walk this road together. Call us today at (210) 212-5656(210) 212-5656 or complete our confidential online form. Our San Antonio divorce lawyers will listen to your story, explain your options, and protect your future. Because when it comes to your family and your financial security, there’s no such thing as “just legal.” There’s only what’s right for you.

Copyright © 2025. Sralla Family Law, PLLC. All rights reserved.

The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

Sralla Family Law, PLLC
542 E. Highland Blvd.
San Antonio, Texas 78210
(210) 212-5656(210) 212-5656
https://www.familylawsanantonio.com/