Spousal support, also called spousal maintenance or alimony, helps a financially dependent spouse after a divorce. Texas has strict rules about who qualifies and how much support courts can award. Understanding these rules is essential for anyone going through a divorce in the state.
Eligibility for spousal support
Texas law limits who can receive spousal support. A spouse must prove they lack enough property or income to meet basic needs. Additionally, at least one of the following must apply: the paying spouse was convicted of family violence within two years before filing for divorce, the marriage lasted at least ten years and the dependent spouse cannot earn enough to support themselves, the dependent spouse has a physical or mental disability preventing self-sufficiency, or the dependent spouse is the primary caretaker of a child with a disability that prevents them from working.
Factors affecting spousal support
If a spouse qualifies, the court decides how much support to award. Judges consider several factors, including the length of the marriage, each spouse’s financial resources, employment skills and job opportunities, contributions to the marriage such as homemaking and childcare, and marital misconduct like adultery or financial waste.
Limits on duration and amount
Texas law caps spousal support at the lesser of $5,000 per month or 20% of the paying spouse’s income. Courts also limit how long support lasts. For marriages lasting between ten and twenty years, support can be awarded for up to five years. If the marriage lasted between twenty and thirty years, support may continue for up to seven years. For marriages lasting more than thirty years, support can extend up to ten years. Indefinite support is only granted if the dependent spouse has a permanent disability.
When spousal support ends
Spousal support ends if the recipient remarries or cohabitates with a romantic partner. It also stops if either spouse dies. Courts can modify or end payments if circumstances change significantly. Understanding Texas spousal support laws can help divorcing spouses set realistic expectations and plan for their financial future.
Divorce brings many financial and legal challenges, and spousal support is just one piece of the puzzle. Understanding the available options and planning ahead can help individuals make informed choices and protect their long-term stability.