Divorce often brings major financial changes, especially for single-income households. Many people assume they will automatically receive financial support, but in Texas, approval is subject to several factors. The state follows strict qualifications for who can get it and, in many cases, working spouses will not qualify.
Who qualifies for alimony?
Texas law calls alimony spousal maintenance. It is financial support that one spouse may receive after divorce, but only in limited situations. The court may grant it if the requesting party cannot meet basic needs and one of these conditions applies:
- The paying spouse has a recent conviction (two years leading to the divorce) for family violence against their partner.
- The marriage lasted 10 years or more, and the requesting party cannot or does not earn enough income upon separation.
- The requesting party has a disabling condition that makes employment impossible or limited.
- The requesting party has custody over a special needs child, which prevents them from getting a job.
Note that meeting these conditions does not guarantee approval. The courts will still review your case and evidence closely before deciding on the amount and duration of spousal maintenance once approved.
How much and how long does support last?
Texas courts limit maintenance to the shortest reasonable time for the spouse to become self-sufficient so the former spouses can both move forward independently from each other. Generally, support lasts:
- Up to five years for marriages lasting 10–20 years.
- Up to seven years for marriages lasting 20–30 years.
- Up to ten years for marriages over 30 years
The highest amount of support is $5,000 monthly or 20% of the supporting spouse’s gross income, whichever is lower. This maintenance also automatically terminates once the supported spouse remarries.
Why many people do not qualify
If you have a steady job or savings, the court assumes you can meet your own needs and therefore do not need financial support from your former spouse. Having employable skills, savings or assets usually disqualifies you. In most Texas divorces, judges expect both spouses to become financially independent in the shortest time possible.
Protect your financial future
Spousal maintenance can be complex, especially if health issues or caregiving duties limit your income. If you are not sure how to process this request, speak with a spousal maintenance lawyer who can review your situation and help protect your financial stability during divorce.