A mother embraces her child, representing the resilience of a stay-at-home mom navigating a divorce in Texas.

Being a stay-at-home mom is a full-time job, a labor of love that often goes unrecognized in the eyes of the law. But if you’re facing divorce in Texas, your contributions as a homemaker and caregiver are just as valuable as a paycheck.

Ben Carrasco Law: Advocating for Stay-at-Home Moms

Don’t let uncertainty and fear cloud your future. Ben Carrasco understands the unique challenges stay-at-home moms face during divorce. He’ll fight to protect your rights and ensure you receive a fair settlement that supports your financial needs and your child’s well-being.

Addressing Your Top Concerns

  • Financial Security: Can you receive spousal support (alimony) after years out of the workforce? How will you maintain your standard of living?
  • Child Custody: As the primary caregiver, can you secure primary custody of your children? What does that mean for your living situation?
  • Property Division: How will the marital home and other assets be divided? What about retirement accounts and future financial planning?

Empower Yourself with Knowledge and Legal Guidance

Ben Carrasco will clearly explain your rights under Texas law, advocate for your fair share of marital assets, and fight for a child custody arrangement that prioritizes your bond with your children.

You’re Not Alone – Take the First Step

Schedule a confidential consultation with Ben Carrasco Law. We’ll discuss your individual circumstances, answer your questions, and develop a personalized strategy to protect your future and your children’s well-being.

Key Takeaways

  • Texas law ensures that the contributions of stay-at-home moms are recognized in asset division and child custody arrangements, emphasizing equitable distribution and the best interest of the child.
  • Community property in Texas means that assets accrued during the marriage are shared, necessitating a fair and equitable division during divorce proceedings.
  • Stay-at-home moms need to focus on building financial independence post-divorce by establishing a robust credit report, securing spousal maintenance, and exploring employment opportunities.


For many, the role of a stay-at-home mom is a full-time commitment that is as rewarding as it is challenging. It’s a labor of love that fosters the growth of children and the harmony of the home. Yet, when the bonds of marriage begin to unravel, you, as a stay-at-home mom, may find yourself at the precipice of a daunting cliff—divorce. With financial independence seemingly out of reach and the job history a faint memory, the thought of stepping into the legal arena can be overwhelming.

But let’s pause and consider the silver lining. Texas law does not turn a blind eye to your years of dedication. It recognizes the value of your contributions as a homemaker and caregiver, ensuring they are weighed during the division of assets and child custody. Moreover, your entitlement to a fair share of the marital assets is a testament to the equitable spirit of Texas divorce laws. This is about securing your piece of the pie, the one you’ve helped bake through years of unwavering support and sacrifice.

As you contemplate this significant life transition, it’s natural to feel tethered to the past. Some may even linger in unhappy marriages due to the fear of financial consequences. However, with nearly one in five stay-at-home moms filing for divorce, you are far from alone.

It’s time to disentangle the misconceptions and focus on:

  • Building a robust credit report
  • Equipping yourself with financial savvy
  • Stepping into a future where your needs and those of your children are met with compassion and fairness.

Understanding Community Property in Texas Divorce

A house model sits on one side of a desk, symbolizing marital property, while on the other side, stacks of cash and a calculator represent the pursuit of a fair division

As the gears of the divorce process begin to turn, understanding the landscape of marital property and community property in Texas is paramount. Enshrined in Texas law, the principle of community property holds that most assets accrued during your marriage are not yours or your spouse’s alone—they are shared. This is the cornerstone of a fair and equitable division, ensuring that both parties walk away with their rightful share of the marital estate.

The divorce settlement you reach isn’t just about numbers on a page; it’s a reflection of your life’s work within the walls of your marital home. Whether you’re considering a no-fault divorce or facing a litigated divorce trial, your contributions as a stay-at-home mom are not just sentimental—they’re substantial. Texas divorce laws are designed to ensure that the final divorce settlement honors the value you’ve added to the family’s finances and the community estate.

But what does this mean for you, practically speaking? It means that during the divorce proceedings, the marital assets you and your spouse have gathered—from the family home to the last spoon in the drawer—are up for a divorce mediation or trial that centers on a fair and equitable distribution. Engaging an experienced family law attorney, such as Ben Carrasco, is not just a strategic move; it’s about having an advocate who understands the importance of protecting your interests and ensuring that you receive a fair settlement.

Child Custody Considerations for Stay-at-Home Moms

A mother sits next to her child in an office, engaging in a serious discussion with a family lawyer about child custody arrangements.

When the fabric of the family begins to fray, child custody arrangements take center stage. As a stay-at-home mom, you’ve been the anchor of your children’s world—nurturing them from sunrise to sunset. It’s this very role that Texas courts often recognize, granting you significant parenting time to maintain the emotional and physical condition of your children.

In the eyes of the law, the best interest of the child is the guiding star. Texas courts prioritize stability and continuity, valuing the deep bond and daily routines you’ve established as a stay-at-home parent. Whether you’re seeking primary custody or a joint custody arrangement that allows you to remain the central figure in your children’s lives, your pivotal role as the primary caregiver is a powerful argument in your favor.

However, it’s not a guarantee. The court examines every facet of your family’s situation, from your involvement in the children’s education and healthcare to your capacity to provide a stable and nurturing environment. As you and your family law attorney prepare for the child custody proceedings, it’s essential to present a clear picture of your unwavering presence in your children’s lives, painting a portrait of continuity and care that the court cannot overlook.

Navigating Child Support Agreements

Beyond the determination of child custody lies the critical question of financial support. Child support in Texas is a formulaic affair, with the paying parent’s net income serving as the base for calculations. Whether you’re set to receive or pay child support, the guidelines are designed to ensure that your children’s financial needs are met post-divorce.

For child support in Texas, the guidelines are as follows:

  • For one child, you’re looking at 20% of the net monthly income
  • This percentage climbs with each additional child
  • It’s a sliding scale that reflects the growing needs of a larger family

However, Texas law recognizes that children are more than just numbers—it allows for the possibility of requesting additional support if the standard guidelines don’t cover the full spectrum of your children’s needs.

In the tangled web of family finances, a child support agreement can be a lifeline. They are the assurance that your children will continue to thrive, even in the face of life’s upheavals. And if circumstances change, whether it’s a shift in income or an unforeseen expense, the child support order isn’t set in stone—it can be adjusted to reflect your family’s evolving needs.

Securing Spousal Maintenance

The winds of change may have swept through your marriage, but the aftermath need not leave you adrift. Spousal maintenance, commonly known as alimony, is a provision in Texas law that can offer you the financial buoyancy needed to navigate your new independence. However, obtaining it is akin to navigating choppy waters—it requires you to prove your need for financial support and meet the legal benchmarks.

The duration of your marriage, your financial resources, and the contributions you’ve made to the marital estate are all factors that the court will consider when determining spousal support. If your marriage has spanned a decade or more, or if you’re facing a disability that hinders your ability to earn an adequate income, you stand on solid ground to request spousal maintenance.

Yet, the goal of spousal support is not perpetual dependency. Texas law encourages self-sufficiency, and spousal support payments are often awarded for a fixed term to allow you the time to regain your financial footing. It’s a stepping stone to a future where you are the master of your financial destiny.

Health Insurance and Benefits Post-Divorce

Post-divorce, securing health insurance for yourself and your children becomes a pressing concern. The sanctuary of your spouse’s employer plan doesn’t have to vanish with the finalization of your divorce. Thanks to COBRA benefits, you can continue to enjoy health insurance coverage for up to 36 months after your marriage has ended.

This extension of benefits is not just for you; it’s a safety net for your dependents as well. Your children can remain under the protective umbrella of your ex-spouse’s insurance plan, ensuring their healthcare needs are covered as you all adjust to the new family dynamics. But remember, COBRA is a temporary bridge. Within 36 months, you must forge a path to new medical coverage, be it through employment, private insurance, or government plans.

The clock starts ticking once the divorce decree is issued, and the onus is on you to act swiftly. A 60-day window to file for COBRA coverage may seem ample, but in the whirlwind of post-divorce adjustments, it’s a deadline that demands your attention. Securing this coverage is a crucial step in safeguarding your family’s health and well-being during a time of significant change.

Retaining the Family Home

House keys and a gavel rest on a table, symbolizing the legal decision to retain the family home.

The family home, often a symbol of stability and comfort, can become a battleground in divorce. In Texas, the decision of who retains the house is influenced by various factors, including mutual agreements, court orders, and the distinction between community and separate property. If you have been granted primary custody of your children, the scales may tip in your favor, as courts frequently award the family home to the caregiving spouse.

Sometimes, however, holding on to the family home is not the most practical choice. Selling the property and going through property division may offer a clean slate and financial resources to both parties. It’s a decision that warrants careful consideration of your financial situation and future housing needs.

Should you choose to stay, mechanisms like a Special Warranty Deed can facilitate the transfer of property rights, seamlessly shifting the home into your name and affirming your place as the guardian of the family hearth.

Retaining the family home post-divorce is more than just a legal transaction; it’s a statement of continuity for you and your children.

Steps to Financial Independence

Emerging from a divorce as a stay-at-home mom, financial independence might seem a distant peak to scale. Yet, with strategic planning and determination, you can navigate the terrain to reach the summit. It begins with managing money independently, possibly seeking guidance from a certified divorce financial analyst or a family law attorney who can illuminate the financial aspects of your divorce.

Building an emergency fund is a crucial step, providing a buffer against the unexpected expenses that often accompany the early stages of post-divorce life. It’s about having the foresight to cushion yourself and your children from financial shocks. Re-entering the workforce is another essential stride towards self-sufficiency. Whether it’s updating your resume or acquiring new skills, your financial future is forged in the steps you take today.

And let’s not overlook the power of credit. A robust credit report is your passport to financial opportunities, from renting a new home to securing a loan. It’s about demonstrating your financial reliability, one timely payment at a time. Each step you take towards financial independence is a step towards reclaiming your life and your future.

Preparing for Life Post-Divorce

Life post-divorce beckons with a blend of challenges and opportunities. As a stay-at-home mom transitioning into this new phase, it’s critical to nurture your emotional and physical condition, ensuring you’re at your best for yourself and your children. This is a time for renewal, for redefining your personal future, and for taking decisive steps to secure it.

Evaluating and updating your estate plans, including wills and beneficiaries, is one of the first orders of business. It’s a matter of aligning your estate documents with your new marital status, ensuring your wishes are clearly articulated and protected. Moreover, reevaluating your employment skills and considering further education or training can open doors to fulfilling career opportunities.

As you ponder life post-divorce, consider the tapestry of experiences that have shaped you. The skills you’ve honed as a stay-at-home mom, from managing the family’s finances to coordinating daily life, are invaluable assets in the workforce. Embrace this chance for reinvention, whether it’s through pursuing a new career path or exploring passions that have been on hold.

Hiring an Experienced Family Law Attorney

In the complex dance of divorce, having an experienced family law attorney like Ben Carrasco by your side is not a luxury—it’s a necessity. A specialist in the field, Ben brings a wealth of knowledge and expertise to the table, ensuring that your rights and interests are fiercely protected throughout the divorce process.

With an attorney like Ben, you gain:

  • An ally who is adept at navigating the nuances of Texas divorce law
  • Someone who will be your advocate, your strategist, and your confidant
  • A professional who can anticipate challenges and craft solutions tailored to your unique situation

It’s about having someone who can anticipate challenges and craft solutions tailored to your unique situation.

And let’s not forget the financial aspect. An attorney can help you secure a fair settlement, and if necessary, argue for the other spouse to cover attorney’s fees and court costs, easing the financial burden of the divorce process.

Engaging an attorney is an investment in your future—one that can yield dividends of peace of mind and legal empowerment.


Embarking on the journey of divorce as a stay-at-home mom in Texas is a path fraught with legal twists and emotional turns. Yet, with a clear understanding of your rights, a strategic approach to child custody and support, and a determined pursuit of financial independence, you can emerge from this transition stronger and more self-assured. Whether it’s securing your portion of the marital assets, retaining the family home, or stepping back into the workforce, each step is a building block towards a new beginning.

Let this guide be your compass as you navigate the complexities of divorce. Remember, you’re not alone. With the support of an experienced family law attorney like Ben Carrasco and the resources outlined here, you can look forward to a future defined not by the past, but by the possibilities that lie ahead. Embrace this chance to reshape your life, and step into the next chapter with confidence and courage.

Frequently Asked Questions

How is property divided in a Texas divorce for a stay-at-home mom?

In Texas, property acquired during a marriage is considered marital property and divided equitably in a divorce, taking into account the contributions of a stay-at-home mom.

What factors do Texas courts consider when determining child custody for stay-at-home moms?

Texas courts consider the child’s best interests and the stay-at-home mom’s role as the primary caregiver when determining child custody, taking into account the child’s needs and each parent’s ability to meet them, as well as the child’s preferences if they are of a certain age.

Can a stay-at-home mom receive child support and spousal maintenance in Texas?

Yes, a stay-at-home mom in Texas can receive both child support and spousal maintenance based on specific criteria, such as financial need and the length of the marriage.

What are COBRA benefits and how do they work for stay-at-home moms post-divorce?

COBRA benefits allow stay-at-home moms to continue receiving health insurance coverage under their ex-spouse’s employer plan for up to 36 months after divorce, ensuring continued access to healthcare during the transition period.

Why is hiring an experienced family law attorney important for a stay-at-home mom going through a divorce in Texas?

Hiring an experienced family law attorney is important for a stay-at-home mom going through a divorce in Texas because they can navigate the complexities of divorce, advocate for the mom’s rights, and ensure a fair settlement. Additionally, they can help with property division, child custody agreements, and potentially secure financial support for legal fees and court costs.

About the Author
Ben Carrasco is a highly skilled family law attorney based in Austin, Texas, known for his extensive expertise in family law and business litigation. While his primary focus is family law, Ben brings a wealth of experience in litigating diverse business disputes, ranging from breach of contract and collections to business torts, fraud, and real estate matters. In his family law practice, Ben navigates all aspects of the field, including divorce, child custody, support, property division, and more, offering clients expert guidance throughout the litigation process. His legal journey began in complex commercial litigation, initially with a global law firm and later with a prominent Austin-based firm. However, driven by a desire to make a direct impact on people's lives and embrace the human element of the law, Ben transitioned to family law, a decision that has proven to be deeply rewarding. A proud Austin native with roots in California, Ben completed his undergraduate studies at the University of California, Berkeley, before earning his law degree at Stanford Law School, where he excelled in legal writing and served as an associate editor of the Stanford Law and Policy Review.