How Hard Is It to Get Spousal Support in Texas? Your Guide to What You Need to Know
Divorce can be complex. This is especially true when it comes to determining financial support and stability after the split. In Texas, this can be very difficult because Texas has some of the most restrictive laws in the country regarding post-divorce financial support. If you are wondering how hard it is to get spousal support in Texas, the short answer is: it can be an uphill battle that requires specific eligibility and clear evidence. Experienced divorce attorneys typically guide this process due to its complexity.
At Albin Oldner Law, our divorce attorneys have helped spouses navigate spousal support in Texas and the strict requirements for spousal maintenance. We have compiled this guide to help you better understand Texas spousal support.
Alimony vs. Spousal Maintenance in Texas
In many states, people use alimony and spousal maintenance interchangeably. But in Texas, there is a sharp distinction between the two.
- Spousal Maintenance: This is the court-ordered support provided for in the Texas Family Code. It is involuntary (meaning a judge orders it over one party’s objection) and subject to very strict caps and time limits.
- Contractual Alimony: This is a voluntary agreement between the two parties. Because it is a contract, it can exceed the legal limits of court-ordered maintenance.
When people talk about “alimony” in Texas, they are typically referring to the court-ordered variety, which can be very difficult to obtain.
Who Is Eligible for Spousal Maintenance in Texas?
When answering the question, how hard is it to get spousal support in Texas, it’s important to first understand the eligibility requirements.
To even qualify to ask for support, the requesting spouse must show they lack sufficient property (including assets they receive in the divorce) to meet their basic needs. Once that is established, they must meet one of the following four criteria:
The 10-Year Rule
This is the most common path. You must have been married for 10 years or more and be unable to earn enough to meet your basic needs.
Family Violence
If the other spouse was convicted of or received deferred adjudication for a family violence offense against you or your child within two years of the divorce filing, the 10-year rule is waived.
Physical or Mental Disability
If a spouse has an incapacitating disability that prevents them from earning enough to support themselves, they may qualify regardless of the length of the marriage.
Custodian of a Disabled Child
If you are the primary caretaker of a child from the marriage who requires substantial care and personal supervision due to a physical or mental disability that prevents you from working, you may be eligible for spousal support in Texas.
The team at Albin Oldner Law can help determine if you meet one of these spousal maintenance requirements in Texas so that you can move forward with your case.
Spousal Support in Texas: How Much and How Long?
Even if you win your case, spousal maintenance in Texas is intended to help you transition to self-sufficiency. It is not a lifelong payment.
Financial Cap
Texas law limits the amount of support to the lesser of:
- $5,000 per month
- 20% of the paying spouse’s average monthly gross income
Time Limits
The law states that spousal support lasts for the shortest reasonable time possible. Statutory maximums are based on the length of the marriage:
- Marriage 10–20 years: Max 5 years of support
- Marriage 20–30 years: Max 7 years of support
- Marriage 30+ years: Max 10 years of support
It’s important to note that in cases of permanent disability, support can last indefinitely but is subject to periodic court review.
How Hard Is It to Get Spousal Support in Texas?: Factors the Court Considers
Once eligibility is established, the judge considers various factors to determine the final amount and duration of spousal maintenance. These include:
- The financial resources of both spouses
- Education and employment skills
- The duration of the marriage
- Age, employment history, and emotional condition of the spouse seeking support
- Marital misconduct, such as adultery
- Contributions as a homemaker or toward the other spouse’s education
Roadblocks to Texas Spousal Support
As the judge considers those factors, some spouses must overcome a significant hurdle to receive spousal support in Texas. This is often considered a “rebuttable presumption.” Under Texas law, the court presumes that spousal maintenance is not warranted.
To overcome this, the spouse seeking support must prove they have made a diligent, good-faith effort to earn sufficient income or develop the skills necessary to provide for their “minimum reasonable needs.” If you haven’t been looking for work or enrolling in training programs while the divorce is pending, a judge is likely to deny your request for spousal maintenance.
The Role of Contractual Alimony
When looking at how hard it is to get spousal support in Texas, many couples realize they may be better off negotiating contractual alimony.
Divorce attorneys often recommend this during mediation because it allows for flexibility. You can agree to a higher monthly amount than $5,000, or a longer duration than 10 years. This can be in exchange for other concessions in the property division. This is enforced as a contract rather than a court order, which can also have different tax implications.
Are You Looking for Help Obtaining Spousal Support in Texas? Contact Our Firm Today
At Albin Oldner Law, we help people every day. We understand the difficulties that can come along with this and are here to answer questions and guide you in the process.
We help determine eligibility for our clients and negotiate fair terms. Our legal team has more than 25 years of legal experience helping divorce clients. Contact us today at 214-423-5100 or reach out to us online to schedule a consultation.