The Texas Family Code states that a court’s determination of spousal maintenance is separate from the division of community property.
Texas law states that Texas is a community property state. This means that all income earned, and property acquired during the marriage by either spouse belongs to both spouses equally. Therefore, the courts must split all marital property equally between the divorcing couple. Similarly, all debts incurred during the marriage belong to both spouses equally. That being said, the court can divide assets and debts unequally for “just and right” purposes. The division of property generally has no bearing on spousal maintenance.