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Insurance Changes to Consider During a Divorce Process: Texas Edition

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Divorce can be a period of significant transition, not just personally and financially, but also in terms of insurance coverage. As Texas residents navigate the path of separation, it’s essential to consider how this life event affects various insurance policies. Here’s a rundown of the critical insurance changes to keep in mind during the divorce process in the Lone Star State.

Health Insurance: Understanding Your Options

For many divorcing couples, health insurance is a primary concern, especially if one spouse is covered under the other’s employer-sponsored plan. In Texas, as in other states, the Consolidated Omnibus Budget Reconciliation Act (COBRA) allows individuals to continue their existing health coverage for a limited time after a qualifying event, such as divorce. However, COBRA can be expensive, and it’s often more cost-effective to look into other options such as individual policies through the Health Insurance Marketplace or employer-sponsored coverage.

Homeowner’s and Auto Insurance: Splitting Policies

Texas follows community property laws, meaning most property acquired during marriage (including insurance policies) is considered jointly owned. When divorcing, it’s essential to update your homeowner’s insurance to reflect the change in ownership and living situation. Similarly, auto insurance policies need to be revisited. Ensure each party is covered appropriately for their vehicles, and any changes in drivers or location are reported to the insurer to avoid lapses in coverage.

Life Insurance: Protecting Your Interests

Life insurance is an area that requires special attention during a divorce. In Texas, divorcing spouses should review their beneficiary designations. It’s common to have your spouse listed as a beneficiary, but post-divorce, you may want to change this, especially if you have children or other dependents. Additionally, if you receive alimony or child support, you may want the payer to maintain a life insurance policy with you as the beneficiary to secure these payments in the event of their death.

Disability Insurance: An Often Overlooked Necessity

While not as commonly discussed, disability insurance is another critical aspect to consider. If you or your spouse relies on the other for financial support, it’s important to ensure that this support will continue even if the payer becomes disabled. This is especially true in Texas, where the loss of income due to disability can have a significant impact on alimony or child support.

Long-Term Care Insurance: Planning for the Future

Though it may seem far off, it’s wise to think about long-term care insurance during a divorce. If you had a joint policy, decide whether it will be split or if one party will take it over. Given the high cost of long-term care, having a plan in place is an essential part of your financial security.

Special Considerations for Texas Residents

Texas does not recognize legal separation, so any changes to insurance coverage should be made with this in mind. Until the divorce is finalized, spouses are still considered married for insurance purposes, which can affect eligibility and coverage.

Conclusion

Adjusting your insurance policies during a divorce is a crucial step in safeguarding your future. It’s essential to review and update all your insurance coverages to reflect your new circumstances. In Texas, where state-specific laws can affect insurance considerations, it may be beneficial to work with a knowledgeable insurance agent or financial advisor who can guide you through the process. By taking the time to manage these changes carefully, you can achieve peace of mind knowing that your insurance needs are taken care of during this transitional time.

How the CDFA Process Works

Attorneys are trained in the law. A Certified Divorce Financial Analyst® — a divorce financial analyst trained specifically in the money side of divorce — focuses on the financial mechanics, including how taxes change what a settlement is really worth.

Initial consultation ($100)

A one-hour conversation to understand your situation — income, assets, the length of your marriage, and what support is on the table.

After-Tax Modeling

We translate gross support figures into what each household actually keeps, so you're negotiating with real numbers instead of pre-2019 assumptions.

Support vs. Property Comparison

Keith works directly with your attorney — or as a neutral party in collaborative divorces — to support fair, informed negotiation.

Long-Term Projection

We model what your settlement looks like 5, 10, and 20 years out — not just at the moment the ink dries.

Austin Divorce Planners works with clients throughout Austin, Cedar Park, Round Rock, Georgetown, Leander, Pflugerville, San Marcos, and across the rest of Texas through virtual consultations — so you can get divorce financial planning help wherever you are in the state.

 

About Keith PowellKeith Powell is a Certified Divorce Financial Analyst® (CDFA®) and Certified Financial Planner® (CFP®) with over 30 years of experience. Austin Divorce Planners is one of only a handful of Texas firms focused exclusively on divorce financial planning, with a strong focus on serving women throughout Texas. Serving all of Texas, including Austin, Dallas–Fort Worth, Houston, San Antonio, Waco, and beyond.

Frequently Asked Questions: Alimony & Taxes in Texas

The questions Keith hears most often from clients navigating support in a 2026 divorce.

Is alimony tax deductible in Texas in 2026?

No. For any divorce or separation agreement executed after December 31, 2018, alimony and court-ordered spousal maintenance are not deductible for the paying spouse and are not taxable income for the receiving spouse. This applies to all Texas divorces finalized in 2026.

Didn't the 2017 tax law expire after 2025?

Several of the TCJA’s individual provisions were scheduled to sunset after 2025, which is why many people expected alimony rules to revert. The alimony provision, however, was written as a permanent change and was never part of that sunset. For 2026 and beyond, the post-2018 treatment stands.

My divorce was finalized before 2019. Which rules apply to me?

Agreements executed on or before December 31, 2018 are grandfathered under the old rules — alimony remains deductible to the payer and taxable to the recipient. Be careful, though: modifying that older order can switch it to the new treatment if the modification expressly says the new rules apply.

How much spousal maintenance can a Texas court order?

Court-ordered maintenance is capped at the lesser of $5,000 per month or 20% of the paying spouse’s average monthly gross income, under Texas Family Code § 8.055. Courts do not automatically award the maximum — the amount is tied to the recipient’s minimum reasonable needs, and eligibility itself is limited.

What's the difference between spousal maintenance and contractual alimony?

Court-ordered spousal maintenance is limited by statute — strict eligibility, a dollar cap, and duration limits. Contractual alimony is a voluntary agreement written into the decree, with no caps or eligibility rules, often used to balance the property division. Both receive the same federal tax treatment for post-2018 agreements.

Should the tax change affect how I negotiate?

Yes. Because the payer no longer gets a deduction and the recipient no longer pays tax, the after-tax value of every support dollar has shifted. Numbers based on pre-2019 assumptions are no longer accurate — which is why modeling support and property on an after-tax basis before you agree to anything is so important.

Do I need a divorce financial planner if I already have a divorce attorney?

Attorneys provide legal advice and draft agreements. A divorce financial planner or CDFA helps analyze the long-term financial impact of settlement options, including taxes, retirement accounts, spousal maintenance, and future cash flow.

Related Reading for Your Texas Divorce

Support is only one piece of the settlement. Explore the related financial issues that often move alongside it.

Spousal Support in Texas

How spousal maintenance works, who qualifies, and how Texas courts approach it.

Asset Division in Texas

Community property rules and strategies for a fair, after-tax division of assets.

Pension Calculations

Why a pension’s true value rarely matches the statement — and how it’s divided.

Post-Divorce Budget Planning

What your finances look like going forward, on one income.

This article is for educational purposes only and is not legal or tax advice. Tax treatment depends on your specific facts and can change. Texas Family Code provisions are summarized here for general understanding. Please consult a qualified attorney and a tax advisor about your individual situation before making any decisions.
Austin Divorce Planners | Serving All of Texas
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