Divorces often bring financial concerns, especially when one spouse depends on the other. In Texas, spousal maintenance can help the lesser-earning spouse transition to financial independence. Yet, this support comes with strict qualifications and limits.
What is spousal maintenance?
Texas courts distinguish between “alimony” and “spousal maintenance”. Alimony refers to payments agreed upon by the divorcing couple but not ordered by the court. Spousal maintenance, on the other hand, is a temporary court-ordered payment. It aims to help the receiving spouse meet basic needs after the divorce.
To qualify for spousal maintenance, the requesting spouse must prove they cannot meet their minimum reasonable needs. Courts evaluate factors such as age, health, marriage duration, and financial resources before granting support.
Who qualifies for spousal maintenance?
Not every spouse qualifies. Texas courts only order spousal maintenance under specific circumstances, including:
- The marriage lasted at least 10 years.
- The requesting spouse has a physical or mental disability preventing them from earning income.
- The requesting spouse cares for a child with special needs requiring full-time attention.
- The paying spouse committed family violence within two years of the divorce filing.
Even when eligibility exists, the support lasts only as long as necessary for the receiving spouse to become self-sufficient. Consider consulting a Texas divorce attorney to understand your rights and options.
How long does spousal maintenance last?
The duration of spousal maintenance depends on the length of the marriage:
- Less than 10 years: Up to 5 years (if family violence occurred).
- 10–20 years: Up to 5 years.
- 20–30 years: Up to 7 years.
- Over 30 years: Up to 10 years.
Spousal maintenance in Texas is not guaranteed and comes with strict qualifications. Understanding the rules and limits can help you prepare for what to expect during a divorce. Whether temporary or long-term, the goal is to ensure both parties can move forward with financial stability.