Divorce with a Business in Texas: What You Need to Know
August 27, 2025
Divorce is complicated, especially when a business is involved. Whether you’re a business owner or your spouse owns a company, navigating divorce while protecting your financial interests can be challenging. In Texas, the division of marital property includes business assets, which means your company may be subject to division.
In this blog, we’ll break down how business ownership is handled in a Texas divorce and what steps you can take to protect your business and future.
1. Texas is a Community Property State
Texas law considers most property acquired during the marriage to be community property—meaning it belongs to both spouses, regardless of whose name is on the title or registration. This includes:
- Business income earned during the marriage
- Growth in business value
- Business assets acquired after the marriage date
Separate property—such as a business owned before the marriage or one inherited by one spouse—may not be divided, but documentation is key.
Tip: If you started the business before marriage but used community funds to grow it, a portion of the business could still be considered community property.
2. Business Valuation is Critical
Before a business can be divided, it must be properly valued. This process involves a professional business valuation, which can assess:
- The fair market value of the business
- Tangible and intangible assets
- Future earning potential
- Debts and liabilities
Having an accurate valuation is essential for a fair division. Schneider Law Firm works with experienced financial experts to ensure the numbers reflect the true value of your business.
3. Common Ways Businesses Are Divided in Divorce
Every case is different, but here are a few common outcomes when a business is involved:
- One spouse keeps the business and buys out the other’s interest
- Both spouses retain an interest, especially if they can continue to work together (rare)
- The business is sold, and the proceeds are divided
The court’s goal is to achieve a “just and right” division—not necessarily a 50/50 split. That’s why having the right legal strategy in place is so important.
4. Protecting a Business Before Divorce
If you’re a business owner, there are a few steps you can take proactively (or in the early stages of divorce) to help protect your company:
- Keep detailed financial records of business and personal expenses
- Avoid mixing personal and business funds
- Consider having a partnership or shareholder agreement that outlines what happens in the event of divorce
- Negotiate a fair settlement that allows you to retain the business in exchange for other assets
5. What About a Prenup or Postnup?
A prenuptial or postnuptial agreement can define the business as separate property and outline how it should be handled in a divorce. If you already have one, it can be a strong protective tool—but it must be valid and enforceable under Texas law.
Don’t have one? It may still be possible to negotiate a settlement that protects your business interests during divorce.
6. Work with a Texas Divorce Lawyer Experienced in Business Cases
Not all divorce attorneys are equipped to handle complex financial matters, especially those involving businesses. At Schneider Law Firm, we’ve helped countless clients in Fort Worth, Arlington, and Mansfield navigate divorce with business interests on the line. We work with financial experts, forensic accountants, and business appraisers to build a strategy that protects what you’ve built.
Final Thoughts
If you're facing divorce and a business is involved, don’t leave your livelihood to chance. Get clear, strategic guidance from a legal team that understands both family law and the complexities of business ownership.
Talk to a Divorce Lawyer in Fort Worth Who Understands Business
Schedule a free, confidential consultation with Schneider Law Firm today. We serve clients in Fort Worth, Arlington, Mansfield, and surrounding areas.