Can you get spousal support or maintenance in Texas?

On Behalf of | Nov 16, 2021 | Divorce |

When you decide to divorce your spouse, you may be in a situation where you need additional financial support. In some cases, the right option is to ask for spousal maintenance, which is money your ex-spouse will need to pay you to support you for a set length of time.

Qualifying for spousal maintenance is possible in some cases. You will need to show that you cannot afford to meet minimum reasonable needs. You will also need to show that you:

  • Cannot earn sufficient income
  • That your marriage lasted 10 years or more

In cases of family violence, a convicted spouse may need to pay support when that violence occurred:

  • During the marriage and within two years of the divorce
  • While the divorce was pending

How much alimony you’ll receive will depend on factors such as the length of your marriage, your spouse’s earning capacity and gross monthly income and your need.

How much alimony will the court award in Texas?

The court may award up to $5,000 per month or 20% of the paying spouse’s monthly income, whichever is less.

How long will you receive spousal maintenance in Texas?

The length of time the maintenance is awarded will depend on the length of your marriage and if abuse occurred. You can receive spousal maintenance for:

  • Up to five years if your marriage lasted for 10 years and your spouse was abusive
  • Up to five years if you were married between 10 and 20 years
  • Up to 10 years when you were married for at least 30 years
  • Indefinitely if you or your dependent child are living with a disability

It’s important that you know the rules for obtaining spousal maintenance because they are there to help you get the money you need to support yourself after you go through this divorce.

Keep in mind that different circumstances may impact the amount of support that you can receive. You should go through the specifics of your case prior to seeking spousal support so that you have a good idea of how much you may be able to receive through a judgment in your favor.