Constructive Fraud in Texas Divorces

In Texas divorce proceedings, the division of assets and determination of spousal maintenance can be significantly influenced by allegations of fraud against the community estate. This article examines the legal framework surrounding constructive fraud, its impact on asset division, and the specifics of spousal maintenance, providing insights into how these issues affect financial outcomes in divorces.

Understanding Constructive Fraud in Texas Divorces

Constructive fraud significantly impacts the equitable division of marital assets. It is defined by Texas law as a situation where “A presumption of ‘constructive fraud’ arises when one spouse disposes of the other spouse’s interest in community property without the other’s knowledge or consent.” This principle shifts the burden of proof to the disposing spouse to justify the fairness of their actions concerning the community estate (Puntarelli v. Peterson, 405 S.W.3d 131, 137-138 (Tex. App.-Houston [1st Dist.] 2013, no pet.)).

Upon establishing fraud, the Texas Family Code requires the court to “calculate the value by which the community estate was depleted as a result of the fraud on the community and calculate the amount of the reconstituted estate” to ensure a just and right division (Tex. Fam. Code § 7.009(b)). This mandate underscores the judiciary’s role in rectifying financial injustices and safeguarding the financial interests of the aggrieved spouse.

The Role of Spousal Maintenance in Addressing Financial Disparities

Spousal maintenance, or alimony, is a critical yet often contentious aspect of divorce settlements, awarded under specific conditions in Texas. The Family Code permits courts to award spousal maintenance “only under ‘very narrow’ and ‘very limited circumstances'” (Marin v. Marin, No. 03-22-00013-CV, 2023 WL 2776296, at *2 (Tex. App.-Austin Apr. 5, 2023, no pet.) (quoting Dalton v. Dalton, 551 S.W.3d 126, 130 (Tex. 2018))).

A spouse may qualify for maintenance if they “will lack sufficient property, including the spouse’s separate property, on dissolution of the marriage to provide for the spouse’s minimum reasonable needs” and have been married for 10 years or longer without the ability to earn sufficient income (Tex. Fam. Code § 8.051(2)(B)). The law establishes a “rebuttable presumption” against maintenance, challenging the spouse seeking it to demonstrate diligence in earning sufficient income or developing necessary skills during the separation and litigation period (Tex. Fam. Code § 8.053(a)).

Expanding on Minimum Reasonable Needs and Financial Independence

The determination of “minimum reasonable needs” is not explicitly defined in the Texas Family Code, allowing courts considerable discretion based on the specifics of each case. This discretion ensures that the unique circumstances of each divorcing couple are taken into account, from lifestyle and expenses to the earning potential of each spouse. The law’s emphasis on not requiring a spouse to deplete long-term assets or incur new debt to meet short-term needs highlights the protective nature of spousal maintenance awards.

Legal Expertise and Strategic Planning in Divorce Proceedings

Navigating the complexities of divorce law, especially cases involving constructive fraud and financial disputes, underscores the importance of expert legal guidance. Attorneys specializing in Texas family law can provide invaluable advice on protecting financial interests, understanding legal rights and obligations, and developing a strategic approach to litigation. This legal support is crucial for advocating for a fair and equitable resolution, ensuring that the division of assets and any spousal maintenance awards align with the principles of justice and equity.


The intricacies of constructive fraud and spousal maintenance are central to ensuring equitable outcomes in Texas divorces. These legal principles protect spouses from financial injustice and provide a mechanism for financial support when necessary. For individuals facing divorce under challenging circumstances, understanding these legal concepts and securing experienced legal representation are essential steps toward achieving a fair and just resolution.

To retain an experienced Texas divorce lawyer for your divorce or child custody case in Dallas, Denton, Collin or Rockwall County, please schedule a consultation with us today.