Many couples reach a breaking point but aren’t ready to file for divorce. That’s when legal separation becomes part of the conversation. However, the issue is that legal separation is one of the most misunderstood legal topics in Texas family law.
Many believe legal separation offers the same rights and protections as divorce. That’s not accurate. If you’re considering a separation in Houston or anywhere in Texas, it’s important to understand what legal separation actually means — and what it doesn’t.
This blog will break down the biggest myths about separation, explain the real legal protections available, and help you make the right decisions during a stressful time.
Myth #1: “Legal Separation Is the Same as Divorce”
Truth: Texas does not recognize legal separation in the traditional sense.
In many states, couples can file for legal separation instead of divorce. However, Texas law doesn’t allow for that. You are either legally married or legally divorced — there is no official “in-between” status.
That said, couples in Texas can create temporary orders or contractual separation agreements that handle child custody, spousal support, and property use during a break in the relationship. These are enforceable in court, but they do not end the marriage.
Myth #2: “Separation Means You Can Date Someone New”
Truth: You are still legally married during separation.
A common myth about separation is that you can date while being separated. Dating during separation can lead to complications. If one spouse starts a new relationship, the other could claim adultery, which may affect alimony or asset division during a divorce.
Even if you live apart, you still have legal obligations to your spouse. Until a divorce is finalized, you are not legally single.
Myth #3: “You Don’t Need Legal Help for a Separation”
Truth: An attorney can help protect your rights during separation.
Since Texas doesn’t recognize legal separation, you need to be careful with any informal arrangements. Without court-approved temporary orders, your rights regarding children, finances, or property could be at risk.
A qualified family law attorney can help draft and enforce separation agreements that outline who pays what, where children will live, and how bills will be handled — all while keeping you legally protected.
Myth #4: “Separation Automatically Grants Custody or Support”
Truth: Nothing is automatic. You must request court orders.
If you separate without filing anything, there is no legal enforcement of child custody, visitation, or support. You and your spouse must request temporary orders through the court to formalize any agreements.
Without these orders, the law assumes equal parental rights and access, which can create confusion and disputes if a divorce follows.
Myth #5: “Moving Out Means You Lose Your Property Rights”
Truth: Moving out of the family home doesn’t mean you give up your ownership.
Another common myth about separation is that you can lose your assets such as property. Texas is a community property state. That means most property acquired during the marriage belongs to both spouses — no matter who moves out. However, leaving the home without clear legal agreements can sometimes affect temporary possession and financial decisions.
Always consult a family law attorney before deciding to leave the marital home during a separation.
Myth #6: “Separation Has No Legal Benefit in Texas”
Truth: While not officially recognized, separation agreements have real power.
Even without formal legal separation, couples can use temporary orders, contractual separation, or even postnuptial agreements to lay out clear terms for support, custody, and asset use during a split.
These agreements can be enforced in court. They can also lay the groundwork for a smoother divorce later.
Myth #7: “You Don’t Need to Worry About Debt During Separation”
Truth: You are still responsible for debts incurred during the marriage.
Unless you have a legal agreement that says otherwise, both spouses remain financially tied to any debt accumulated during the marriage. If your spouse racks up credit card debt or stops paying the mortgage during separation, it could hurt your credit too.
You can protect yourself through court-approved orders or written agreements.
Talk to Daniel Ogbeide Law Attorney Today
Thinking about separating from your spouse? Don’t go into it unprotected or misinformed. At Daniel Ogbeide Law, we help clients in Houston understand their options and protect what matters most.
Our attorneys can draft enforceable agreements, and guide you through every legal step — all while helping you avoid costly mistakes.
Contact us today to schedule a consultation with our family law attorney in Houston and get answers tailored to your situation. Let us help you move forward with clarity and peace of mind.