Marriage is complex, and there’s no one-size-fits-all approach when it unravels. Whatever the reason, separation can feel like an appropriate, responsible, even compassionate choice as married couples reassess the future of their relationship.
In Texas, however, the choice to separate can come with complications. Unlike some other states, Texas does not recognize legal separation as a distinct option. No matter how far apart your lives become, the law still sees you as legally married until a court grants you a divorce. And that can carry some serious consequences when it comes to your finances, property rights, and parenting arrangements.
No “Legal Separation” in Texas: What Does That Mean?
Relationships are rarely black and white. For many married couples, there comes a time when staying together no longer feels right, but divorce seems too final. Separating can offer a reprieve from the tension and a chance to get perspective. But while an informal separation may seem easy and practical, at least in the early stages, it can get legally complex.
In Texas, there is no such thing as legal separation. You are either married or you’re not. This means all of the rights and responsibilities that come with marriage remain intact unless and until you finalize its end with a divorce. Why does this matter? Because it can impact everything from your finances to your future plans.
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What are the Risks of Living Apart Without Legal Protections?
Many couples choose to separate informally hoping that living apart will help them gain the insight to reconcile or begin building their lives independently. But without legal protections, this approach can lead to unintended and often serious consequences.
- Financial entanglements can arise, such as one spouse being held liable for debt incurred by the other during the separation.
- Anything earned or acquired during this time remains community property and is subject to division in the event of a future divorce.
- One spouse could sell or transfer marital assets without the other’s consent.
- Unless estate documents have been updated, one spouse can still inherit from the other even if they are separated. Furthermore, if one spouse becomes incapacitated, the other could still hold authority over finances and medical decisions.
- If one spouse moves out of the marital home and the other stays, ownership and access rights remain unresolved. Problems can arise if there are no agreements regarding paying the mortgage or upkeep.
- If one spouse is financially dependent on the other, there are no legal protections in place for the dependent spouse to receive financial support to live.
- If minor children are involved, there are no legal agreements as to how parents will share time and support for their children.
Without a formal agreement or court involvement, separation becomes a matter of trust at a time when trust may be in short supply in the relationship. So, what happens if you feel the need to take some time apart but are not ready for a divorce or want protection while a divorce is pending?
How Couples Can Handle Separation in Texas to Ensure Legal Protections
Even though Texas doesn’t offer formal legal separation, couples choosing to live apart aren’t without options. There are other tools available to help couples define the terms of their relationship while living apart. These include:
- A written separation agreement can set out terms for finances, property use, and other expectations.
- When children are involved, a Suit Affecting the Parent-Child Relationship (SAPCR) can secure custody and support arrangements.
- Temporary orders can define terms while a divorce is pending or in conjunction with a SAPCR,
These can give intentional and proactive structure to a couple’s separation terms until they decide what comes next.
Creating a Separation Agreement
A separation agreement is a written contract between spouses that outlines how they will handle responsibilities while living apart. Although this is not a court order, it will provide structure and enforceable terms for issues such as financial responsibilities, parenting arrangements, and the use of shared property.
While the court doesn’t approve and enforce a separation agreement in the same way as court orders or a divorce decree, it is legally enforceable as a contract. If either party violates its terms, the other may have legal recourse. And should a divorce be the next step, a separation agreement can serve as a blueprint for the final divorce decree.
Addressing Parenting Roles Through a Suit Affecting the Parent-Child Relationship (SAPCR)
For separating couples with children, there can be a lot of confusion or contentiousness around who has the right to make decisions for the children, where they will live, and how support will be handled. In Texas, either parent can file a Suit Affecting the Parent-Child Relationship (SAPCR), allowing the court to enter legally binding orders regarding custody, visitation, child support, and other parenting concerns, even if the parents are still married.
A SPCR ensures parental rights are protected and that both parents understand their responsibilities, preventing misunderstandings and providing a stable environment for the children.
Seeking Temporary Orders Through Divorce or a SAPCR
If a couple has decided to move forward with a divorce, the court can issue temporary orders establishing clear expectations while the case is pending. But even if the couple isn’t ready for a divorce, temporary orders can be sought as part of a SAPCR.
Temporary orders can be vital during separation as they create enforceable legal boundaries. Once a divorce or SAPCR case is filed, either party can ask the court to issue temporary orders early in the process that can address
- Who stays in the marital home
- Who pays which household bills
- A temporary child custody and visitation schedule
- Which parent pays child support, and how much
- Temporary spousal maintenance
- Provisions about healthcare, schooling, and extracurricular activities
- Restrictions on relocating the child or interfering with custody
- Restrictions on asset transfers or other financial actions
In a SAPCR case, the court can assign conservatorship and set a schedule for possession and access, allowing parents to separate without leaving child-related matters undefined. Whether filed as part of a divorce or a SAPCR, temporary orders give families structure during an otherwise uncertain time.
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Getting the Support You Need During Separation
Separating from a spouse is never easy, and in Texas, it’s also not legally defined. This means that separating spouses should consider taking additional steps to protect their interests until they decide their next steps.
At Melone Hatley, P.C., we’ve helped countless Texas families navigate the gray area between marriage and divorce. If you are considering a separation, our experienced San Antonio family law attorneys are here to support you every step of the way. Call us at 210-688-8550 or contact us online to schedule a free consultation with one of our Client Services Coordinators.
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