Spousal Support (Alimony) in Texas
When navigating a divorce in Texas, one of the most misunderstood topics is spousal support, also called alimony or spousal maintenance. Many people wonder whether they qualify for spousal support, how much they might receive, and how Texas courts determine eligibility. Unlike many other states, Texas divorce law includes a presumption against awarding spousal support unless specific criteria are met. In this article, we’ll explain what spousal support is, who qualifies, how it is calculated, and the steps you need to take to request it.
What is Spousal Support in Texas Divorce?
Spousal support in Texas is a court-ordered payment from one spouse to the other after a divorce. Its purpose is to help the recipient spouse meet their minimum reasonable needs while they work toward becoming financially independent. Texas law is unique in that it generally favors self-sufficiency over long-term support.
It’s important to note that Texas courts operate under a presumption against spousal maintenance. This means spousal support is not automatically awarded. The spouse requesting support must demonstrate they meet strict legal requirements to overcome this presumption.
Who Qualifies for Spousal Support in Texas?
According to Texas Family Code Section 8.053, to qualify for spousal support, the requesting spouse must prove they cannot meet their minimum reasonable needs and meet at least one of the following conditions:
- Marriage Duration of 10 Years or More:
- The marriage lasted for at least 10 years, and the requesting spouse cannot earn sufficient income despite making a good-faith effort to become self-supporting.
- Family Violence Conviction:
- The paying spouse was convicted or received deferred adjudication for a family violence offense against the requesting spouse or their children within two years before filing for divorce or during the divorce process.
- Disability of the Requesting Spouse:
- The requesting spouse has a physical or mental disability that prevents them from earning enough income to meet their needs.
- Caring for a Disabled Child:
- The requesting spouse is the primary caregiver for a child with a physical or mental disability, which makes it difficult or impossible for the spouse to work.
How Spousal Support is Determined in Texas
If a spouse qualifies for support, the court considers several factors to determine the amount and duration of spousal maintenance. These factors are outlined in Texas Family Code Section 8.052 and include:
- Each spouse’s financial resources and ability to support themselves.
- The length of the marriage and the contributions of each spouse.
- The age, employment history, education, and health condition of the requesting spouse.
- The property each spouse will receive in the divorce settlement.
- Any marital misconduct (such as adultery or cruelty) by either spouse.
- Efforts by the requesting spouse to find employment or pursue education and training.
Limits on Spousal Support in Texas
Texas law places strict limits on both the amount and duration of spousal support:
- Amount:
- Spousal support payments cannot exceed $5,000 per month or 20% of the paying spouse’s gross monthly income, whichever is less.
- Duration:
- 5 years if the marriage lasted between 10 and 20 years or if family violence was involved.
- 7 years if the marriage lasted between 20 and 30 years.
- 10 years if the marriage lasted 30 years or more.
- Indefinite support may be awarded if the requesting spouse or child has a severe disability.
These limits ensure that spousal support remains temporary and rehabilitative rather than permanent. The intent is to provide support while the recipient works toward becoming financially self-sufficient.
How to Request Spousal Support in a Texas Divorce
If you believe you qualify for spousal support in Texas, you need to request it in your Original Petition for Divorce or Counterpetition. The process involves:
- Providing Evidence:
- Submit financial records showing your income, expenses, and inability to meet basic needs.
- If applicable, provide medical records or documentation proving a disability (yours or your child’s).
- Good Faith Efforts:
- Demonstrate that you have made a diligent effort to find employment or obtain necessary training.
- Legal Representation:
- An experienced Texas divorce attorney can help you gather evidence, file the appropriate paperwork, and advocate for your rights in court.
Why Texas Courts Limit Spousal Support
Texas law emphasizes self-sufficiency and personal responsibility. Unlike other states that routinely award alimony, Texas courts are cautious about awarding spousal support to avoid long-term dependency. This is why there is a presumption against spousal maintenance unless the requesting spouse can prove a genuine need under the law.
Protect Your Financial Future During Divorce
If you’re considering divorce and wondering if you qualify for spousal support or need to defend against a spousal support claim, it’s crucial to work with an experienced Texas divorce lawyer. Understanding your rights and the legal process will help you make informed decisions and secure the best possible outcome for your future.
For personalized guidance on spousal maintenance in Texas, contact our office today to schedule a consultation. We are here to help you protect your interests and navigate the complexities of Texas divorce law.
Steve Buitron, Esq.