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Updated August 07, 2023

A Texas separation agreement is a contract between the spouses in a marriage that lets them make limited determinations about spousal support and division of assets before they are divorced.

Texas is one of a few states that does not recognize legal separation as a distinct status, and while contracts between couples who no longer wish to live together may be permissible, couples may also need to complete the divorce process to achieve legal division of assets.

Is a Separation Agreement Legal in Texas?

Couples may create agreements between themselves, but because Texas does not recognize legal separation, courts may not enforce all of the terms of these agreements unless they are prepared to settle issues in a pending divorce.

Source: Tex. Fam. Code Ann. § 7.006