In Texas, partitioning income transforms income from community property to separate property owned by the husband or wife. Without a partition, income is presumed to belong jointly to both spouses, regardless of who earned it. Upon divorce, non-partitioned income is considered community property and subject to fair division.
However, the Texas constitution and state statutes give spouses the option of partitioning their respective incomes. If the couple divorces, the money each spouse has earned – and generally any purchases he or she made with that money – will be awarded to the spouse who earned it.
It’s not difficult to partition income in Texas. All that’s required is a written, signed agreement. But because marital agreements are often bitterly contested during divorce, it’s wise to have a qualified attorney represent you in the income partition process.