Spousal Maintenance (4)
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 because of a mental or physical disability.
• The couple was married for at least ten years and 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); or
• 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, which 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.
Spousal maintenance, also known as alimony, is a form of financial support paid by one spouse to the other after a divorce. In Texas, spousal maintenance is not automatic, and eligibility for it depends on several factors. This article will provide an overview of Texas spousal maintenance law and help you determine whether you are eligible for it.
Under Texas law, a spouse may be eligible for spousal maintenance if they can demonstrate that they lack sufficient property, including separate property, to provide for their minimum reasonable needs. Additionally, the spouse must meet one of the following eligibility criteria:
- The spouse seeking maintenance must have been married to the other spouse for at least ten years and lack the ability to earn sufficient income to provide for their minimum reasonable needs; or
- The spouse seeking maintenance must be unable to earn sufficient income due to a physical or mental disability; or
- The spouse seeking maintenance must be caring for a child of the marriage who requires substantial care and personal supervision because of a physical or mental disability, making it impossible for the spouse to work outside the home and provide for their minimum reasonable needs.
Spousal support is usually for a limited amount of time. The court will determine the shortest amount of time necessary for the requesting spouse to get back on his or her feet. Texas sets the maximum period for support as:
- 5 years if there was a conviction or deferred adjudication for family violence.
- 5 years if the parties were married at least 10 years.
- 7 years if the parties were married between at least 20 years.
- 10 years if the parties were married at least 30 years.
Indefinitely if the spouse is severely disabled or caring for a disabled child.
Yes. Marrying again is one of the conditions that can terminate an award of spousal support in Texas. If you remarry, you will no longer be eligible to receive spousal support from your ex-spouse. Likewise, if you enter into a romantic relationship and live with that person, spousal support may also be terminated by the state of Texas.