Generally speaking, if you have not filed for the annulment as of yet all the funds both he and you receive during the marriage is marital property.  And in Texas it is what is known as Community Property.  However, spouses can not "dissipate" or squander away marital assets, and sometimes this is a fine line that people walk when the end of their marriage is so close at hand.  I would speak with an attorney in your area to discuss all the issues that will be coming up over the next few months while you and your husband are finalizing the end of your marriage. It will put your mind at ease to know "what comes next."  Good luck.