How is eligibility for Spousal Support determined?

Texas is strict when it comes to awarding spousal support. In a divorce in which one party is seeking spousal support, the requesting party must show:

• The spouse seeking spousal support will not have enough assets to provide for basic necessities and
• The spouse requesting spousal support cannot earn enough money to meet basic needs. This is due to a mental or physical disability.
• The couple was married for at least ten years. Furthermore, the spouse requesting spousal support cannot earn enough income to meet basic needs.
• One spouse has been convicted of family violence against the other spouse or children during the marriage. The violence must have taken place either during the divorce or two years prior to the filing of the divorce.
• The spouse requesting spousal support has custody of a child or children (of the marriage) who need special supervision and care because of mental or physical disabilities. This care hinders the requesting spouse’s ability to earn an income.
• The spouse requesting spousal support must provide proof of the above elements to prevail.
• Of course, the parties may also agree to a spousal support arrangement, regardless of whether any of the above factors are present.