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Specialty tag(s): High Net Worth Divorce, Property Division, Complex Property, Characterization of Separate and Community Property, Divorce for Business Owners

Asset Protection Strategies During Divorce

Rob Frazer | October 13, 2025

Getting a divorce can raise serious concerns about your financial future, especially if you’ve spent years building wealth for yourself and your family. Understanding how to protect your assets in a divorce is essential to ensuring that your property is fairly handled and preserved through this process.

In Texas, marital property is subject to “just and right” division. That means that courts must divide community assets equitably, though not always equally, based on a variety of factors. To protect your assets, it’s important to start early by clearly identifying what is community property versus what is separate property. Working with an experienced family law attorney can help you develop a strategy that reflects your goals while protecting what matters most.

How to Protect Your Assets in a Divorce

Protecting your assets during a divorce starts with preparation. Whether you’ve built a business or inherited family property or you simply want to preserve what you’ve earned, the steps you take now can make a major difference.

Several strategies can help you safeguard your financial future:

Use Prenuptial and Postnuptial Agreements

A prenuptial or postnuptial agreement is one of the most effective ways to protect assets from divorce, as it allows spouses to define how assets will be handled in the event of a divorce. These contracts are agreed to before or during the marriage and can help eliminate uncertainty by clarifying what belongs to each party. They are especially helpful for protecting premarital wealth, family businesses, or future inheritances. However, if you did not have an agreement during the marriage, there are other possible approaches to protect assets from divorce without a prenup.

Keep Inheritances and Gifts Separate

Inherited property and personal gifts are generally considered separate assets under Texas law. However, once they are combined with marital funds or placed in joint accounts, they can lose that protected status. Keeping these assets in separate accounts and maintaining clear records helps prevent them from being treated as community property.

Document All Assets Thoroughly

Clear, accurate documentation is an essential part of protecting assets during divorce. Maintaining records of account balances, ownership history, and asset values helps establish what should be classified as separate property. These documents can also streamline negotiations or support your claims in court if needed.

Work With a Financial Advisor

A qualified financial advisor can help you understand the short- and long-term implications of your property division. They can assist with asset valuations, tax considerations, and financial planning so you’re better equipped to make informed decisions during and after the divorce process.

Consider Using a Trust to Protect Assets in Divorce

When structured properly, a trust can help shield certain assets from being considered part of the marital estate. Trusts can be useful for protecting inheritances, generational wealth, or future distributions. They must be carefully created and maintained to ensure compliance with Texas property laws, which is why working with both legal and financial professionals is essential.

Contact Us Today for Legal Guidance

While these asset protection strategies can be beneficial, the best strategy is to work with an experienced and trusted family law attorney. At Goranson Bain Ausley, we take a proactive approach by identifying your goals early, analyzing your financial situation, and working with specialists when needed. Whether pursuing an amicable resolution or navigating a contentious dispute, we advocate for a fair division that protects your interests today and in the future.

Goranson Bain Ausley attorneys like Rob Frazer can work with you to secure your future and what you’ve built. Contact us today to schedule a consultation.