Family Law Blog

No. The Texas Family Code explicitly provides that a few things cannot become a reimbursable claims upon divorce. Student loans are one of those items.

This is a matter of "public policy" that the Texas Legislature simply believes should not be something that spouses argue over upon divorce. If you paid off your spouses students loans, that is money that you can never get back. No matter how big the loan, or what the source of funds were that you used to pay off the loan, that money cannot be reimbursed to you during a divorce proceeding.

It is possible for one spouse to have a claim for reimbursement for separate property that was invested into the community estate. Typically, this takes the form of one spouse using their inheritance or pre-marriage assets to purchase a home during marriage. It also often occurs where one spouses uses their inheritance or pre-marriage assets to remodel or add improvements to a home.

Texas law provides a presumption that all property on hand at the time of divorce is community property. To prove otherwise, the spouse who is claiming a separate property interest must prove it by "clear and ...

Texas is a community property state. This means that all property acquired during marriage and on hand at the time of divorce is community property belonging to both spouses equally. This is true for retirement, 401k, and pension plans too.

Federal law and Texas law combine to provide a non-employed spouse with certain protections of their interest in their spouses retirement plan. During a divorce, it is critical that these dates and values of the retirement plans be properly considered by the parties. Additionally, dividing retirement accounts will require special documents or ...