Navigating the Challenges of High-Net-Worth Divorce in Texas

 Posted on August 11, 2026 in Divorce

When two people with successful careers and substantial assets get divorced in Texas, dividing property can become especially complicated. High-net-worth divorces, sometimes called high-asset divorces, require a good understanding of financial valuations and complex property division law. The more assets there are to divide, the more complicated the divorce process can be.

A Denton, TX high-net-worth divorce attorney can help you understand how Texas community property laws may apply to your assets and protect your financial interests during your divorce in 2026.

What Are the Characteristics of a High-Asset Divorce in Texas?

Texas is a community property state. This means that property acquired during the marriage is considered community property. Property owned by either spouse during the marriage is also presumed to be community property unless they can prove it is separate.

Everything deemed community property is subject to division, but Texas does not require an even split. Under Texas Family Code Section 7.001, the court divides the community estate in the way it "deems just and right."

High-net-worth divorces often involve a substantial portfolio of assets, many of which may be complex. Couples may have extensive real estate holdings and business interests. Complex assets require careful evaluation, usually by a professional.

How Does a Texas Court Decide What Is a "Just and Right" Property Division?

Texas does not require couples to split their community property 50/50. Instead, a judge must divide it in a way that is fair based on the facts of the case. The judge may look at each spouse’s income and ability to earn money, education, age, health, separate property, and the needs of their children. This means that two couples with similar assets could still end up with different results. Texas courts have recognized these types of factors when deciding what is "just and right."

The court must also decide which assets are community property and which are separate property. Community property can be divided in a divorce. Separate property generally stays with the spouse who owns it. For example, a house bought during the marriage may be community property. In contrast, a house owned by one spouse before the marriage is often considered separate property.

Sometimes separate and community property can become mixed together. This is called "commingling." For example, money owned before the marriage may be placed into an account that also holds money earned during the marriage. A spouse who says some of that money is separate property may need records to show where it came from. If they cannot show which money is separate, the court may treat it as community property.

What Are Some Common Challenges With High-Asset Divorce in Texas?

A major concern in high-asset divorce is hidden assets. One spouse might try to hide or move property to keep it from being considered during the divorce. This can make the division process much more complicated. You may need professionals, such as forensic accountants, to review financial documents and find undisclosed property.

Additionally, high-asset divorce can have a high mental and emotional toll. Divorce is already a sensitive matter, full of confusing and conflicting emotions. The valuation and division of high-value assets is often very stressful for both parties.

What Happens to a Business You Own in a Texas Divorce?

A closely-held business is often one of the hardest assets to divide. A business is both property to divide and a source of income, often supporting both spouses.

If you started the business before you got married, it may be your separate property. But money the business earned during the marriage may be community property. Figuring out what belongs to you and what belongs to the marriage can be tricky. The court may look at when the business started, where the money came from, and how business money was used. An expert might be needed to decide how much the business is worth.

Owners who are worried about division of their business should be careful about how they run it while the divorce is pending. Paying personal expenses with company funds, delaying income until after the divorce decree, or claiming odd "consulting" fees could be examined during the discovery phase of the divorce. These kinds of expenditures can open the door to accusations of hiding assets.

What Are Other Key Considerations in a Texas High-Asset Divorce?

A few issues besides the division of assets tend to come up repeatedly in high-asset divorce. These can substantially impact how much of the marital estate each partner walks away with and what they are entitled to after the divorce.

Tax implications

Property division can impact your taxes, especially if you own investments, retirement accounts, real estate, or a business. Some property transfers during a divorce may not be taxed right away, but different types of property can have different tax effects. Your attorney may also recommend working with a tax professional to help avoid unnecessary taxes and understand potential tax benefits.

Alimony

Spousal support (or spousal maintenance) is not automatic in Texas. A spouse must qualify to receive it. If a court orders spousal maintenance, the amount cannot be more than $5,000 a month or 20 percent of the paying spouse’s average monthly gross income, whichever is less, under Texas Family Code Section 8.055.

Child Support

Texas child support is usually based on the paying parent’s net resources, or the money the parent has available after certain deductions. This can include wages, bonuses, rental income, dividends, gifts, and other types of income.

For parents with higher incomes, the standard child support guidelines currently apply to the first $11,700 in monthly net resources. If a parent earns more than that, a judge may order additional support if the child has greater proven needs.

Your attorney can help you understand how these rules may apply to your case and work to protect your financial interests.

Call a Frisco, TX High-Asset Divorce Attorney Today

Our Denton, TX high-net-worth divorce lawyers at The Law Office of Linda Risinger have been practicing family law in Texas for over 30 years. Our mother-daughter team of attorneys are local Texans who understand the need for a strategic approach to property division in a high-asset divorce. We will always prioritize protecting your rights.

If you have questions about how divorce in Texas will impact your asset portfolio, call 972-294-6533 to schedule a free consultation today.