Women going through a divorce in New Braunfels often ask us the same question in different words: “What am I actually entitled to?” Some have spent years at home raising children; others have careers but earn less than their husbands; some are worried a husband who controls the finances will hide money. Texas law is gender-neutral, so every right described here belongs equally to husbands. But because this question comes to our Comal County office so often from wives, we want to answer it directly and practically, as divorce attorneys who see these issues every day.
Your Share of the Community Estate
The foundation is Texas community property law. Property acquired by either spouse during the marriage is presumed to be community property. A wife who stayed home has the same ownership interest in her husband’s paychecks, retirement savings and business as he does, because they were earned during the marriage.
The court divides the community estate in a “just and right” manner. That can mean an equal split, or a larger share to one spouse based on factors such as:
- Disparity in earning capacity (for example, years out of the workforce)
- Health
- Which parent will care for the children
- Fault in the breakup, such as adultery or cruelty
- Waste or hiding of community funds by the other spouse
Learn more on our community property page.
A Checklist of What a Wife May Claim
Property
- A share of the home equity, or the home itself with a buyout plan. See who keeps the house.
- A share of retirement earned during the marriage: 401(k)s, pensions, TRS, military and federal plans. See retirement and QDROs.
- Bank and investment accounts, including accounts only in the husband’s name.
- Vehicles, furniture and household goods.
- A share of a business built during the marriage.
- Stock options, bonuses and deferred compensation earned during the marriage.
- Her own separate property: what she owned before marriage, inheritances and gifts.
Reimbursement
If community money paid off the husband’s separate mortgage or premarital debts, or if a wife’s separate funds were used for the family home, a reimbursement claim may help balance the division.
Support
- Child support under the Texas guidelines, plus medical and dental support for the children. See how child support is calculated.
- Temporary spousal support while the case is pending.
- Spousal maintenance after the divorce, if she meets the eligibility rules. See spousal maintenance.
- Contractual alimony negotiated in a settlement.
Other relief
- Conservatorship and possession of the children
- Use of the home and a vehicle during the case
- Attorney’s fees, including interim fees when the husband controls the money
- Restoration of a former name
- A share of tax refunds and allocation of tax liabilities
- Health insurance continuation information (COBRA) and life insurance to secure support
- Protective orders if there has been family violence
Special Situations
Long marriages
After a marriage of 10 years or more, a wife who lacks the ability to earn enough for minimum reasonable needs may qualify for maintenance, if she also lacks sufficient property and shows diligence in seeking work or training. A long marriage also often means substantial retirement savings and possibly Social Security spousal benefits under federal rules.
Pregnancy
If you are pregnant, the divorce usually is not finalized until after the baby is born, so that paternity, support and custody can be resolved. See divorce while pregnant.
A husband who controls the money
Many wives worry because they do not know what accounts exist or what the husband earns. Texas discovery rules allow us to request bank statements, tax returns and pay records, and to subpoena financial institutions. Temporary orders can require the husband to keep paying household bills and can provide money for living expenses and legal fees during the case.
Building Your Case
Start now, quietly and carefully:
- Make copies of tax returns, pay stubs, bank and retirement statements, and mortgage and loan documents.
- Pull your credit report to find accounts you may not know about.
- Write down a timeline of the marriage, including when you left work, major purchases and inheritances.
- Track household expenses to support requests for temporary support or maintenance.
- Open an account in your own name for your own wages, but do not drain joint accounts.
- Be careful with social media and texts. Assume anything you write may be read by a judge.
Bring what you gather to your first consultation.
What a Wife Generally Cannot Claim
Expectations matter, so it helps to know the limits too:
- Her husband’s separate property. A Texas court cannot award one spouse’s separate property to the other, though it may consider the size of each separate estate in dividing the community.
- Unlimited alimony. Court-ordered maintenance is capped in both amount and duration, and many divorces involve none. Larger or longer support usually comes only through a negotiated agreement.
- Social Security as part of the division. The court cannot divide it, although a wife married 10 years or more may later qualify for benefits on her ex-husband’s record under federal rules.
- VA disability pay. Federal law prevents state courts from dividing it.
- A guaranteed larger share for fault. Adultery or cruelty can support a disproportionate division, but the result is never automatic.
Knowing these limits helps you focus your energy, and your legal fees, on the claims most likely to make a difference.
What Wives in New Braunfels and Comal County Should Know About Filing
You can file in Comal County if you have lived in Texas at least six months and in the county at least 90 days. Because part of New Braunfels lies in Guadalupe County, check which county your home is actually in. If you have recently moved, you may need to file where your spouse lives or wait until you meet the residency requirement.
Talk With a New Braunfels Divorce Attorney About Your Rights
Knowing what you can claim is the first step toward a fair outcome. Our family law team meets with wives across New Braunfels, Comal County and the surrounding area for a free, confidential consultation by phone, video or in person. Call (830) 302-4071. Hablamos español.
Frequently Asked Questions
Is a stay-at-home wife entitled to half in a Texas divorce?
A stay-at-home spouse has the same ownership interest in the community estate as the spouse who earned the paychecks. The court divides community property in a just and right way, which may be equal or, depending on the circumstances, unequal.
Can I get my maiden name back in the divorce?
Yes. A Texas divorce decree can restore a prior name, and asking for it in the divorce is simpler than filing a separate name change later. Make sure the request is included before the decree is signed.
Can I get my husband to pay my attorney's fees?
Sometimes. Texas courts can award attorney’s fees in a divorce as part of a just and right division, and can order interim fees during the case when one spouse controls the money. It is not automatic and depends on the facts.
What if my husband had an affair? Do I get more?
Adultery is a fault ground in Texas, and fault can be considered in dividing community property and in setting maintenance. It can support a larger share, but it does not guarantee one, and the court weighs all the circumstances.
Can I claim part of my husband's military retirement?
The portion of military retired pay earned during the marriage is community property that a Texas court can divide. Whether DFAS pays your share directly depends on the 10/10 rule, but that rule does not decide whether you are entitled to a share.
Last reviewed November 13, 2026. General information only, not legal advice.