Many couples in New Braunfels and Comal County want time apart before deciding whether to divorce. Others want the practical effects of a divorce, such as separate finances and a parenting schedule, without actually ending the marriage. In many states, that is called legal separation. Texas does not have it. That does not leave you without options, though. A family law attorney can help you use the tools Texas does offer to protect yourself and your children while you sort out the future.
There Is No Legal Separation in Texas
Texas recognizes only two ways to end a marriage through the courts: divorce and annulment (or a declaration that a marriage is void). There is no court-ordered status of “legally separated.”
That means if you and your spouse move into separate homes, you are still married in every legal sense:
- Property and income acquired by either spouse are still presumed to be community property.
- Debts incurred during the separation may be considered community debts.
- Each spouse may still inherit from the other if there is no will.
- Health insurance, beneficiary designations and tax filing status remain tied to the marriage.
- A new relationship before divorce can be treated as adultery.
Why Separation Still Matters
Even without a legal status, separation can affect a later divorce:
- The three-year ground. Under Texas Family Code § 6.006, spouses who have lived apart without cohabitation for at least three years may divorce on that ground.
- Abandonment. If one spouse left with the intent to abandon and stayed away for a year, that may support a fault ground under § 6.005.
- Property division. How each spouse handled money during the separation, including any waste of community funds, can affect what is “just and right.”
- Custody patterns. Who the children have lived with during the separation can influence later decisions, which is why setting up arrangements thoughtfully matters.
- Informal marriages. For couples in an informal (common-law) marriage, if no proceeding is brought within two years after separating, Texas presumes they did not agree to be married. See common-law marriage.
Alternatives to Legal Separation in Texas
1. Partition or exchange agreement
Texas Family Code chapter 4 allows spouses to sign a written agreement that partitions or exchanges community property, turning some or all of it into each spouse’s separate property. Such an agreement can, for example, provide that each spouse’s earnings during the separation belong to that spouse. It must be in writing and signed by both spouses, and it can be challenged in some circumstances, such as when it was not signed voluntarily. Our page on postnuptial agreements explains these agreements.
2. A suit affecting the parent-child relationship
Parents who separate without divorcing can file a suit affecting the parent-child relationship to obtain orders on conservatorship, possession and child support. This gives children stability and gives both parents enforceable rights. If a divorce is filed later, those orders are taken into account.
3. A protective order
If separation is driven by family violence, a protective order can provide protection, restrict contact and, in some cases, address use of the home and temporary arrangements for the children.
4. Filing for divorce and taking time
Some couples file for divorce, obtain temporary orders that act like a separation agreement, and then take time before finalizing. If they reconcile, the case can be dismissed. Temporary orders can address the house, bills and children while the case is pending. See temporary orders.
5. An informal written arrangement
Some couples simply write down how they will handle bills and the children during a trial separation. That can help with communication, but it generally does not change property rights or create orders a court can enforce. It is best viewed as a stopgap.
Comparing Your Options
| Goal | Tool that may help |
|---|---|
| Keep future earnings separate | Partition or exchange agreement |
| Set a parenting schedule and support | Suit affecting the parent-child relationship |
| Protection from violence | Protective order |
| Decide who stays in the house and pays bills | Temporary orders in a divorce case |
| End the marriage | Divorce |
Separation vs. Divorce: Which Is Right for You?
Separation can make sense when you are genuinely unsure, when religious or personal beliefs make divorce difficult, or when health insurance or other benefits depend on staying married. Divorce makes more sense when the decision is made, when one spouse is taking on debt or spending heavily, or when you need final, enforceable orders on property. Because separation leaves property rights unchanged, a long informal separation can create more risk than people expect.
Practical Tips for a Separation
- Document the date you separated and keep a record of who paid what.
- Keep joint bills paid to protect both spouses’ credit.
- Avoid large purchases or new debt without a clear agreement.
- Do not drain joint accounts. It can be treated as waste of the community estate.
- Keep children’s routines consistent, and put any parenting arrangement in writing.
- Review beneficiary designations, but be careful: changing them during a pending divorce may be restricted by a standing or temporary order.
- Get advice before signing anything that affects property or children.
Our guide on what not to do during separation offers more practical pointers.
Separation for New Braunfels and Comal County Families
Housing in the New Braunfels area has grown more expensive as the region has expanded, and many separating couples find that maintaining two households is the biggest immediate challenge. Some spouses stay under one roof during a separation to save money. That is allowed in Texas, and it does not prevent filing for divorce on the ground of insupportability. If one spouse moves to Seguin, San Marcos or San Antonio, remember that the divorce is filed in the county where a spouse has lived for at least 90 days, which may affect where you eventually file.
Talk With a New Braunfels Family Lawyer
Whether you are considering a trial separation or are ready to move toward divorce, our family law team can explain how to protect your property and your children in the meantime. We serve New Braunfels, Comal County and the surrounding area. Call (830) 302-4071 for a free consultation by phone, video or in person, in English or Spanish.
Frequently Asked Questions
Is there legal separation in Texas?
No. Texas does not have a legal separation status. Spouses who live apart remain legally married, with the same property rights and obligations, until a court grants a divorce or annulment.
Is property I earn while separated still community property?
Generally yes. Income and property acquired by either spouse during the marriage are presumed community property, even while separated, unless the spouses sign a valid partition or exchange agreement or the property qualifies as separate property.
Can I get child support while we are separated but not divorced?
Yes. A parent can file a suit affecting the parent-child relationship to establish conservatorship, possession and child support without filing for divorce. Support can also be addressed in temporary orders once a divorce is filed.
How long do we have to be separated before divorcing in Texas?
There is no required separation period. You can file for divorce on the ground of insupportability while still living under the same roof. Separately, living apart for at least three years is itself a ground for divorce.
Can a separation agreement be made binding without a divorce?
Parts of it can. Spouses may sign a partition or exchange agreement to convert community property into separate property, and parents can seek court orders on the children. A simple informal letter or handshake deal generally does not change property rights.
Last reviewed November 13, 2026. General information only, not legal advice.