When going through a divorce, usually, you’re focused on child custody, child support, and of course, the emotional instability that comes with it. 

However, in the process, some partners are also entitled to spousal support. 

Spousal support or spousal maintenance in Texas is not automatic, and to be awarded any such support you need to meet a specific criteria. In this blog, I will walk you through what spousal support in Texas means, how long it lasts, and what you can do to increase your chances of receiving it. 

What Is Spousal Support in Texas?

Spousal support or spousal maintenance is the financial support one spouse provides to the other lower-earning spouse after a divorce. The purpose of spousal support is to help the lower-earning spouse meet their basic needs after the marriage has ended, particularly if they cannot do so on their own.

However, spousal support in Texas is not automatic after divorce. 

Spousal support in Texas is only awarded on a case-by-case basis. Texas courts are often conservative when it comes to granting spousal support and only approve it in specific circumstances. 

Do You Qualify for Spousal Support in Texas

If spousal support is not automatic, you might wonder how you can receive it. In Texas, there are specific conditions you must meet to qualify for spousal support. 

So, to be considered for spousal support, here are 4 things that help you qualify:

Length of Marriage

To be eligible for spousal support, your marriage must have lasted for at least 10 years. This also means that the spouse seeking support does not earn enough to meet their minimum needs. 

Physical or Mental Disability 

If you have a physical or mental disability that prevents you from finding a job or means of supporting yourself, you are eligible for spousal support. 

Primary Caregiver to a Child with Disabilities

If your child with your partner is disabled and you are the primary caregiver, you can qualify for spousal support. Being the primary caregiver to a disabled child would mean that you would not be able to carve out time to find a job and if you do, it would mean that you would need to afford someone as a primary caregiver instead. 

Family Violence History of Partner

If during your marriage your partner committed misconduct like domestic violence or adultery, you have a strong case for spousal support, granted the misconduct was within 2 years of filing for divorce against their spouse. 

Unless one of these conditions applies, it is unlikely for a Texas court to grant spousal support. 

Factors the Court Considers When Awarding Spousal Support

One of the important factors in determining whether you receive spousal support is looking into the financial resources of both spouses. This is something the court examines to determine the income, total property, and financial needs. Essentially, this helps the court understand if one spouse needs financial support or not. 

Simultaneously, the court would look into the education and employment skills of the spouse seeking support. If for instance, the spouse seeking spousal support let go of their education and never acquired additional skills to take care of children and/or remained a stay-at-home parent, this may increase the chances of receiving spousal support. 

Now, none of this guarantees spousal support, however, it certainly strengthens the chances of an approval. 

How Long Does Spousal Support Last in Texas?

Spousal support does not last forever. If granted by the court, spousal support would only last for a limited term. The goal of spousal support is to provide temporary support and not a life-long dependence. Based on the length of the marriage, the length of spousal support can vary. 

• For marriages lasting 10 to 20 years, spousal support is typically awarded for up to five years.
• For marriages lasting 20 to 30 years, spousal support may be awarded for up to seven years.
• For marriages lasting 30 years or more, spousal support may be awarded for up to 10 years.

In cases where the spouse seeking support has a physical or mental disability or is caring for a disabled child, spousal support can be awarded for a longer period.

How to Increase Your Chances of Getting Spousal Support

Though these factors might resonate, getting spousal support in Texas can still be challenging. However, as a spouse, you can take specific steps to improve your chances of receiving spousal support. 

So, what steps can you take? 

Document Your Financial Needs

Proving your financial needs in court can benefit you and strengthen your chances of receiving spousal support. One of the most effective ways of proving these financial needs is through documentation. Having records of your monthly expenses, including housing, utilities, medical bills, and any other costs you incur.

Show You Can’t Support Yourself

Putting the document against your earnings or ability to earn, you can demonstrate that you are unable to meet your basic needs without spousal support. There are a variety of reasons, including lack of education, work experience, or the need to take care of a disabled child.  

Marital Misconduct Evidence (if applicable) 

If your spouse has historically committed family violence, adultery, or other forms of misconduct, make sure you present the evidence in court. Although misconduct is not a sure-fire way of receiving spousal support, it is something that can influence your situation including how much is awarded.

Mediation

One thing couples who are divorcing miss out on, on both sides is mediation. Instead of relying on the court to award spousal support, you can mediate your way to spousal support successfully through mediation. A mediator can help both parties come to a mutual agreement that works. It could be less for the spouse supporting and sufficient for the spouse being supported. 

Consult a Family Law Attorney

In Texas, spousal support is complex, and having an experienced family law attorney on your side can make a significant difference. Your attorney wouldn’t only help you compile all the documents and evidence but also help strengthen your case in court for spousal support. 

Modifying or Terminating spousal support in Texas

Depending on the circumstances, spousal support can be modified or terminated after it has been awarded. Some of the most common changes include: 

• the spouse receiving support remarries or begins living with a new partner
• either spouse experiences a significant change in income or financial situation
• paying spouse retires, faces financial hardships, or becomes disabled 

To modify or terminate spousal support, the paying spouse has to file a request with the court and provide evidence of the change. The court then reviews the evidence and decides on next steps. 

Conclusion

As mentioned spousal support in Texas is not automatic, and the process can be challenging due to the strict laws. Meeting legal requirements and having sufficient evidence is crucial in securing spousal support. If you think you have a strong case and meet the basic criteria, consulting with a family attorney can be helpful. 

Attorney Grant Frankfurt

Attorney Grant Frankfurt is a board-certified family attorney based in Dallas, Texas. Grant Frankfurt has helped individuals navigate through complex divorce and legal family matters for over a decade. Schedule a consultation today online or call me at (214) 775-5050.