Texas
Does Texas Allow Legal Separation? What Texas Law Offers (2026)
Independently fact-checked against primary sources (last audited October 8, 2026). · 10 primary sources cited on this page. How we verify our legal content
No. Texas does not offer legal separation. The Texas Family Code chapters on marriage, marital property, divorce, annulment and maintenance contain no action for legal separation, separate maintenance or a decree of separation, so spouses who live apart stay legally married until a divorce or annulment. Texas law does provide several separate tools that cover some of what people want from a separation.
Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers the absence of a legal separation action in Texas Family Code chapters 1 through 9 and the Texas statutes that address separated spouses (sections 2.501, 3.301, 4.102, 4.104, 5.101-5.103, 6.006 and 154.001). It does not cover protective-order procedure, divorce procedure in depth, how child support or maintenance amounts are calculated, or other states' law. For divorce, see Texas divorce laws.
Does Texas have legal separation?
No. Texas has no court process that leaves spouses married while formally separating them. Texas Law Help, run by the Texas Legal Services Center, a nonprofit legal aid organization rather than a court, puts it plainly:
"You cannot get a legal separation instead of a divorce in Texas. Texas law does not recognize legal separations."
The statute agrees. Title 1 of the Texas Family Code, "The Marriage Relationship," runs from chapter 1 through chapter 9: general provisions, the marriage relationship, marital property rights, premarital and marital property agreements, homestead rights, the suit for dissolution of marriage, the award of marital property, maintenance, and post-decree proceedings. Every section and subchapter heading in those chapters was reviewed for this article from the Texas Legislature's official statute files. None names a legal separation, separate maintenance or a decree of separation.
Chapter 6, which governs ending a marriage, has subchapters on grounds for divorce, grounds for annulment, declaring a marriage void, jurisdiction and residence, filing, temporary orders, alternative dispute resolution, trial and appeal, and remarriage. There is no separation subchapter. A text search of chapters 1 through 9 for the root "separat" turned up proof of an informal marriage where the parties separated, separate-property provisions, sections 3.301 and 3.307 on "permanently separated" spouses, sections 5.101 and 5.102 on the homestead when "the spouses are permanently separated," section 8.053(a)(2), which refers to a spouse's diligence "during a period of separation" for maintenance purposes, and section 4.003(a)(3), which lets a premarital agreement address property "on separation." None of them creates a separation action.
That review covered Family Code chapters 1 through 9. The protective-order and parent-child titles of the Family Code were checked only for the specific sections cited below.
You stay married while separated
Because there is no separation decree, moving out or living apart does not change a Texas couple's legal status. The marriage continues until a court grants a divorce or annulment or declares the marriage void.
One consequence is that the duty of support continues. Section 2.501(a) says "Each spouse has the duty to support the other spouse." Separation by itself does not end that duty. For how court-ordered spousal maintenance works after a divorce, see Texas alimony laws.
What Texas offers instead of legal separation
Texas Law Help lists the main alternatives: "In Texas you can use temporary orders, protective orders, suits affecting the parent-child relationship, or separation agreements to obtain many of the same goals as someone might want in a so-called legal separation." The statutes behind several of those options are below.
| Goal | Texas tool | Statute |
|---|---|---|
| Control community property when the other spouse is gone or the spouses are permanently separated | Sworn petition to manage, control and dispose of specified community property | Tex. Fam. Code 3.301-3.309 |
| Sell or encumber the homestead when the other spouse has abandoned it and the spouses are permanently separated | Sworn petition for authority to act without the other spouse's joinder | Tex. Fam. Code 5.101-5.103 |
| Divide property without a divorce | Written partition or exchange agreement signed by both spouses | Tex. Fam. Code 4.102, 4.104 |
| Child support and custody without a divorce | Suit affecting the parent-child relationship | Tex. Fam. Code 154.001(a) |
| Orders within a pending suit for dissolution | Temporary orders | Tex. Fam. Code ch. 6, subch. F |
| Safety | Protective order | Family Code Title 4 (not reviewed for this article) |
Managing community property when spouses are permanently separated
Section 3.301(a) lets a spouse "file a sworn petition stating the facts that make it desirable for the petitioning spouse to manage, control, and dispose of community property described or defined in the petition that would otherwise be subject to the sole or joint management, control, and disposition of the other spouse." The petition is available if the other spouse has disappeared and that spouse's location remains unknown (unless the spouse is reported to be a prisoner of war or missing on public service), if the other spouse has permanently abandoned the petitioning spouse, or if "the spouses are permanently separated."
It addresses who may manage the community property described in the petition; it does not end the marriage. The procedure continues through section 3.309, and under section 3.307(b) the court must amend or vacate the order on a spouse's motion, after notice and hearing, if the permanent separation ends.
Selling or encumbering the homestead when spouses are permanently separated
Chapter 5 has a parallel procedure for the home. If the other spouse has permanently abandoned the homestead and the spouses are permanently separated, a spouse may file a sworn petition asking a court for authority to sell, convey or encumber the homestead without the other spouse's joinder (Tex. Fam. Code 5.101(3) for a separate-property homestead, 5.102(3) for a community homestead). Under section 5.103, the petition may be filed no earlier than the 60th day after that event.
A written agreement dividing community property
Spouses do not need a court to divide their property. Section 4.102 says "At any time, the spouses may partition or exchange between themselves all or part of their community property, then existing or to be acquired, as the spouses may desire." Under section 4.104, the agreement "must be in writing and signed by both parties."
Under chapter 4, subchapter B, property or a property interest transferred to a spouse by a partition or exchange agreement becomes that spouse's separate property. Because the agreement changes who owns what, a lawyer licensed in Texas can explain its consequences before either spouse signs.
Child support and custody without a divorce
Parents who are separated can ask a court for orders about their children without filing for divorce, through a suit affecting the parent-child relationship. In that kind of case, section 154.001(a) provides that "The court may order either or both parents to support a child in the manner specified by the order." Who may file is governed by Family Code section 102.003. See Texas child support laws and Texas child custody laws.
Temporary orders and protective orders
Chapter 6 includes a subchapter titled "Temporary Orders" within the suit for dissolution of marriage, so temporary orders arise as part of a divorce case rather than as a separation in their own right. Texas Law Help also lists protective orders as an option for people seeking a separation-type result. This page does not cover the protective-order statute; Texas Law Help's guide is the place to start.
Separation and divorce in Texas
Living apart is one of the Texas divorce grounds: under section 6.006, "The court may grant a divorce in favor of either spouse if the spouses have lived apart without cohabitation for at least three years." That is a basis for ending the marriage, not a separation decree.
If you decide to divorce, section 6.301 requires that, when the suit is filed, either spouse has been a domiciliary of Texas for the preceding six-month period and a resident of the county where the suit is filed for the preceding 90-day period. Under section 6.702(a), the court "may not grant a divorce before the 60th day after the date the suit was filed," except as provided by subsection (c). For the full picture, see Texas divorce laws.
Official resources
This page does not cite a Texas Judicial Branch self-help page on legal separation. Texas Law Help's article "Alternatives to Legal Separation in Texas" is the most direct plain-language resource. The Family Code itself is published by the Texas Legislature, and the chapters cited here are linked in the sources below.
Disclaimer: This article provides general legal information about separation under the Texas Family Code. It is not legal advice. The information was verified on 2026-10-08 and the law can change. For advice about your situation, consult a lawyer licensed in Texas, or use the resources at Texas Law Help.
Related
- Legal separation laws in every state
- Texas divorce laws
- Texas alimony laws
- Texas child custody laws
- Texas child support laws
Last updated: 2026-10-08.
Frequently Asked Questions
Is legal separation recognized in Texas?
No. Texas Family Code chapters 1 through 9 contain no legal separation or separate maintenance action, and Texas Law Help states that Texas law does not recognize legal separations.
Am I still married if my spouse and I are separated in Texas?
Yes. Living apart does not end a Texas marriage; only a divorce, an annulment or a declaration that the marriage is void does. Each spouse keeps the duty to support the other under Tex. Fam. Code 2.501(a).
Can I get child support in Texas without filing for divorce?
Yes. Under Tex. Fam. Code 154.001(a), the court may order either or both parents to support a child in a suit affecting the parent-child relationship, which can be filed without a divorce.
How can separated spouses in Texas split their property without divorcing?
Tex. Fam. Code 4.102 lets spouses partition or exchange community property at any time, and section 4.104 requires that agreement to be in writing and signed by both. A lawyer licensed in Texas can explain the consequences.
How long do you have to be separated to get a divorce in Texas?
Living apart without cohabitation for at least three years is a ground for divorce under Tex. Fam. Code 6.006. It is one of several divorce grounds in chapter 6, subchapter A.
What can I do if my separated spouse controls our community property?
If the spouses are permanently separated, Tex. Fam. Code 3.301(a)(3) lets a spouse file a sworn petition asking the court for authority to manage, control and dispose of community property described in the petition.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Texas Family Code
§ 3.301MISSING, ABANDONED, OR SEPARATED SPOUSEIn force
(a) A spouse may file a sworn petition stating the facts that make it desirable for the petitioning spouse to manage, control, and dispose of community property described or defined in the petition that would otherwise be subject to the sole or joint management, control, and disposition of the other spouse if: (1) the other spouse has disappeared and that spouse's location remains unknown to the petitioning spouse, unless the spouse is reported to be a prisoner of war or missing on public service; (2) the other spouse has permanently abandoned the petitioning spouse; or (3) the spouses are permanently separated. (b) The petition may be filed in a court in the county in which the petitioner resided at the time the separation began, or the abandonment or disappearance occurred, not earlier than the 60th day after the date of the occurrence of the event. If both spouses are nonresidents of this state at the time the petition is filed, the petition may be filed in a court in a county in which any part of the described or defined community property is located.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at statutes.capitol.texas.gov
§ 3.307CONTINUING JURISDICTION OF COURT; VACATING ORIGINAL ORDERIn force
(a) The court has continuing jurisdiction over the court's order rendered under this subchapter. (b) On the motion of either spouse, the court shall amend or vacate the original order after notice and hearing if: (1) the spouse who disappeared reappears; (2) the abandonment or permanent separation ends; or (3) the spouse who was reported to be a prisoner of war or missing on public service returns.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at statutes.capitol.texas.gov
§ 5.101SALE OF SEPARATE HOMESTEAD UNDER UNUSUAL CIRCUMSTANCESIn force
If the homestead is the separate property of a spouse, that spouse may file a sworn petition that gives a description of the property, states the facts that make it desirable for the spouse to sell, convey, or encumber the homestead without the joinder of the other spouse, and alleges that the other spouse: (1) has disappeared and that the location of the spouse remains unknown to the petitioning spouse; (2) has permanently abandoned the homestead and the petitioning spouse; (3) has permanently abandoned the homestead and the spouses are permanently separated; or (4) has been reported by an executive department of the United States to be a prisoner of war or missing on public service of the United States.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at statutes.capitol.texas.gov
§ 5.102SALE OF COMMUNITY HOMESTEAD UNDER UNUSUAL CIRCUMSTANCESIn force
If the homestead is the community property of the spouses, one spouse may file a sworn petition that gives a description of the property, states the facts that make it desirable for the petitioning spouse to sell, convey, or encumber the homestead without the joinder of the other spouse, and alleges that the other spouse: (1) has disappeared and that the location of the spouse remains unknown to the petitioning spouse; (2) has permanently abandoned the homestead and the petitioning spouse; (3) has permanently abandoned the homestead and the spouses are permanently separated; or (4) has been reported by an executive department of the United States to be a prisoner of war or missing on public service of the United States.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at statutes.capitol.texas.gov
§ 5.103TIME FOR FILING PETITIONIn force
The petitioning spouse may file the petition in a court of the county in which any portion of the property is located not earlier than the 60th day after the date of the occurrence of an event described by Sections 5.101(1)-(3) and 5.102(1)-(3) or not less than six months after the date the other spouse has been reported to be a prisoner of war or missing on public service.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at statutes.capitol.texas.gov
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Sources and References
- Texas Law Help: Alternatives to Legal Separation in Texas(texaslawhelp.org)
- Texas Family Code chapter 1: General Provisions(tcss.legis.texas.gov).gov
- Texas Family Code chapter 2: The Marriage Relationship (section 2.501)(tcss.legis.texas.gov).gov
- Texas Family Code chapter 3: Marital Property Rights and Liabilities (sections 3.301-3.309)(tcss.legis.texas.gov).gov
- Texas Family Code chapter 4: Premarital and Marital Property Agreements (sections 4.003, 4.102, 4.104)(tcss.legis.texas.gov).gov
- Texas Family Code chapter 5: Homestead Rights (sections 5.101-5.103)(tcss.legis.texas.gov).gov
- Texas Family Code chapter 6: Suit for Dissolution of Marriage (sections 6.006, 6.301, 6.702; subchapter F)(tcss.legis.texas.gov).gov
- Texas Family Code chapter 7: Award of Marital Property(tcss.legis.texas.gov).gov
- Texas Family Code chapter 8: Maintenance (section 8.053)(tcss.legis.texas.gov).gov
- Texas Family Code chapter 9: Post-Decree Proceedings(tcss.legis.texas.gov).gov
- Texas Family Code chapter 154: Child Support (section 154.001)(tcss.legis.texas.gov).gov