Can I Receive Spousal Maintenance?

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. Eligibility for it depends on several factors. This article will provide an overview of Texas spousal maintenance law. It will also 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:

1. The spouse seeking maintenance must have been married to the other spouse for at least ten years. They must also lack the ability to earn sufficient income to provide for their minimum reasonable needs; or
2. The spouse seeking maintenance must be unable to earn sufficient income due to a physical or mental disability; or
3. The spouse seeking maintenance must be caring for a child of the marriage. The child must require substantial care and personal supervision because of a physical or mental disability. This situation makes it impossible for the spouse to work outside the home and provide for their minimum reasonable needs.