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Texas Legal Separation Agreement

Texas does not recognize legal separation and grants no separation decree. Couples use a private separation agreement, temporary orders in a pending divorce, or a divorce. Attorney review available.

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Introduction

Texas does not recognize legal separation, and no Texas court grants a decree of legal separation. The Texas Family Code addresses the marriage relationship in Title 1, whose dissolution subtitle provides for a suit for dissolution of marriage, the award of marital property, maintenance, and post-decree proceedings, but contains no chapter that creates a legal-separation status (Tex. Fam. Code Title 1). In Texas a couple is either married or divorced, with no court status in between, so a couple who wants to live apart without divorcing has three real options. First, a private separation agreement or a partition and exchange agreement, which is a contract the spouses can use to divide property and set terms while they live apart (Tex. Fam. Code Chapter 4). Second, temporary orders once a divorce is on file: after a spouse files for divorce, the court can issue temporary orders on who lives in the home, temporary support, and, for children, a suit affecting the parent-child relationship can set custody and support (Tex. Fam. Code 6.502). Third, a divorce, which is the only way to end the marriage and comes with a sixty-day waiting period after the petition is filed (Tex. Fam. Code 6.702). A private separation agreement does not change marital status, so the couple stays married and neither may remarry. Because Texas is a community-property state that divides the estate in a just and right manner in a divorce (Tex. Fam. Code 7.001), the division of property and debts belongs in a Texas Marital Settlement Agreement; if you decide to end the marriage, the pleading that starts it is a Texas Divorce Petition. DocDraft builds your Texas separation agreement from your facts, with attorney review available before you sign.

Key Things to Know

  1. 1

    Texas does not recognize legal separation, and no court grants a decree of legal separation. Title 1 of the Family Code provides for a suit for dissolution of marriage, marital property, and maintenance, but has no legal-separation chapter (Tex. Fam. Code Title 1).

  2. 2

    In Texas a couple is either married or divorced, with no court status in between. A couple who lives apart is still married no matter how long the separation lasts, and neither spouse may remarry until a divorce is final.

  3. 3

    To settle terms while living apart, Texas spouses can use a private separation agreement or a partition and exchange agreement, a contract that can divide property and set terms (Tex. Fam. Code Chapter 4). It does not change marital status.

  4. 4

    Once a divorce is on file, a Texas court can issue temporary orders on use of the home and temporary support, and a suit affecting the parent-child relationship can set custody and child support (Tex. Fam. Code 6.502).

  5. 5

    A Texas divorce is the only way to end the marriage, and it comes with a sixty-day waiting period after the petition is filed before the divorce can be finalized (Tex. Fam. Code 6.702).

  6. 6

    Texas is a community-property state, and in a divorce the court divides the community estate in a manner it deems just and right (Tex. Fam. Code 7.001); spousal maintenance is limited and available only in or after a divorce (Tex. Fam. Code Chapter 8).

  7. 7

    Because Texas has no legal-separation decree, the division of property and debts belongs in a marital settlement agreement or a partition and exchange agreement rather than a separation decree; see the Texas marital settlement agreement page.

Key decisions before you file

Before you file a Legal Separation Agreement in Texas, a few decisions shape the document: which option to choose and what each one means. The Legal Separation Agreement guide walks through them.

Open the Legal Separation Agreement guide

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SEPARATION AGREEMENT (TEXAS)

This is a private contract, not a court decree. Texas does not recognize legal separation, and no Texas court grants a decree of legal separation.

This Separation Agreement is made between [SPOUSE 1 FULL NAME] and [SPOUSE 2 FULL NAME], who were married on [MARRIAGE DATE] and began living separate and apart on [DATE OF SEPARATION].

Status and availability. Texas does not recognize legal separation; Title 1 of the Family Code provides only for a suit for dissolution of marriage, not for a legal-separation status (Tex. Fam. Code Title 1). The parties understand that in Texas a couple is either married or divorced, that they remain legally married, and that neither may remarry unless and until the marriage is ended by a divorce. This document is a private separation agreement, a binding contract that settles the parties' rights while they live apart.

Options the parties acknowledge. The parties understand their options are this private separation agreement or a partition and exchange agreement (Tex. Fam. Code Chapter 4); temporary orders once a divorce is on file, including a suit affecting the parent-child relationship for the children (Tex. Fam. Code 6.502); or a divorce, which has a sixty-day waiting period after filing (Tex. Fam. Code 6.702).

Support. Outside a filed divorce, support during the separation rests on this agreement; a court can order temporary support once a divorce is pending (Tex. Fam. Code 6.502), and spousal maintenance is limited and available only in or after a divorce (Tex. Fam. Code Chapter 8). The parties agree that [spousal support of $[AMOUNT] per month shall be paid by ___ to ___ beginning [DATE] / neither party shall pay support]. Child support is set under the Texas child support guidelines and remains subject to court approval and modification.

Property and debts. Texas is a community-property state, and in a divorce the court divides the community estate in a manner it deems just and right (Tex. Fam. Code 7.001). Because that division belongs in the same document used in a divorce, the parties set it out in a Texas marital settlement agreement rather than repeat it here; see Texas Marital Settlement Agreement. The parties agree that: [SUMMARIZE OR ATTACH the division of community property and debts, or state it is addressed in an attached marital settlement or partition and exchange agreement].

Children and parenting. The parties have [NUMBER] minor child(ren): [NAME(S) AND DATE(S) OF BIRTH]. Conservatorship, possession and access, and child support are [DESCRIBED HERE / set out in an attached parenting plan]. These terms remain subject to court approval and modification in the best interests of the children.

Signatures. Each party signs this agreement freely.

[SPOUSE 1 SIGNATURE] Date: ______ [SPOUSE 2 SIGNATURE] Date: ______

This Texas document follows the Texas Family Code. If you decide to end the marriage, see Texas Divorce Petition. For the generic template and other states, see the Legal Separation Agreement hub.

Texas Requirements for Legal Separation Agreement

No Legal Separation in Texas

Texas does not recognize legal separation, and no court grants a decree of legal separation. Title 1 of the Family Code provides for a suit for dissolution of marriage, marital property, and maintenance, but has no legal-separation chapter (Tex. Fam. Code Title 1).

Married or Divorced, No Status In Between

In Texas a couple is either married or divorced, with no court status in between. A couple who lives apart is still married no matter how long the separation lasts, and neither spouse may remarry until a divorce is final.

Private Separation or Partition and Exchange Agreement

To settle terms while living apart, Texas spouses can use a private separation agreement or a partition and exchange agreement, a contract that can divide community property into separate property (Tex. Fam. Code Chapter 4). It does not change marital status.

Temporary Orders in a Pending Divorce

Once a divorce is on file, a Texas court can issue temporary orders on use of the home and temporary support, and a suit affecting the parent-child relationship can set custody and child support (Tex. Fam. Code 6.502).

Divorce and the Sixty-Day Waiting Period

A Texas divorce is the only way to end the marriage. It comes with a sixty-day waiting period after the petition is filed before the divorce can be finalized (Tex. Fam. Code 6.702); Texas allows a no-fault ground of insupportability.

Community Property Divided Just and Right

Texas is a community-property state, and in a divorce the court divides the community estate in a manner it deems just and right (Tex. Fam. Code 7.001). Set the division of property and debts out in a Texas marital settlement agreement rather than in any separation decree.

Spousal Maintenance Is Limited and Divorce-Tied

Texas spousal maintenance is limited and available only in or after a divorce (Tex. Fam. Code Chapter 8). During a separation without a filed case, support rests on the spouses' agreement; a court can order temporary support once a divorce is pending (Tex. Fam. Code 6.502).

Reasons to Separate by Agreement

Couples sign a separation agreement to settle terms while staying married, which can preserve a spouse's health insurance, help reach the ten-year mark for certain military and Social Security benefits, or serve religious or reconciliation reasons. Confirm insurance effects with the plan, since many treat a separation like a divorce.

Frequently Asked Questions

Texas spouses can sign a private separation agreement or a partition and exchange agreement, a contract that divides property and sets terms while they live apart (Tex. Fam. Code Chapter 4). If children are involved, a suit affecting the parent-child relationship can set custody and support. None of these ends the marriage or creates a legal-separation status; the couple stays married.

A Texas court can issue temporary orders once a divorce is on file, addressing who lives in the home and temporary support while the case is pending (Tex. Fam. Code 6.502). For children, a suit affecting the parent-child relationship can set custody and child support even without a divorce. Outside a filed case, support during a separation generally rests on the spouses' own agreement.

It is a contract by which Texas spouses divide their community property into separate property (Tex. Fam. Code Chapter 4). Couples who want to keep their finances separate while living apart use it, along with a separation agreement, to set terms without a court status change. It divides property but does not end the marriage or create a legal separation.

Texas is a community-property state. In a divorce the court divides the community estate in a manner it deems just and right (Tex. Fam. Code 7.001). Separating spouses can divide property by a partition and exchange agreement or a separation agreement, which is a contract. The division of property and debts is set out in a Texas marital settlement agreement rather than in any separation decree, because Texas has none.

A Texas divorce has a sixty-day waiting period after the petition is filed before the divorce can be finalized (Tex. Fam. Code 6.702). Texas allows a no-fault ground when the marriage has become insupportable because of discord or conflict. A divorce is the only way to end the marriage and free each spouse to remarry, since Texas has no legal-separation decree.

Because Texas has no legal-separation decree, a separation agreement is how a couple settles terms while staying married. Staying married can keep a spouse on health insurance, though many plans treat a separation like a divorce, so confirm with the insurer. Reaching ten years of marriage can matter for certain military and Social Security spousal benefits, and some couples separate for religious reasons or to allow reconciliation.