Spousal support, often referred to as alimony, serves as financial assistance from one spouse to the other after a divorce. Spousal support is meant to assist the spouse who makes less money than the other spouse in maintaining a level of living that is comparable to what they had throughout the marriage. This support can be essential for individuals who may have sacrificed career opportunities or earning potential to contribute to the marriage in other ways, such as managing the household or raising children.

In Texas, spousal support laws are particularly stringent, and not everyone qualifies for such assistance. The eligibility requirements are carefully defined, and courts take various factors into account before granting support, including the duration of the marriage, the financial needs of each spouse, and whether there was any fault in the breakup of the marriage, such as infidelity or domestic violence. For individuals navigating a divorce, understanding the intricacies of Texas spousal support laws is crucial, as it helps both parties plan their financial futures and ensures that any financial support is awarded fairly.

This guide will explore who qualifies for spousal support, the factors that determine how much can be awarded, and how long such payments may last, providing a clear overview for those seeking or contesting spousal support in Texas.

Who is Eligible for Spousal Support in Texas?

In Texas, spousal support is not automatically awarded. The spouse requesting support must meet specific criteria, and Texas law sets clear guidelines for eligibility. A spouse may be eligible if they demonstrate a financial need and fit into one of the following categories:

Married for at least 10 years: If the marriage lasted 10 years or more, the spouse requesting support must prove they lack the income or property necessary to meet their basic needs.
Physical or mental disability: If a spouse is unable to support themselves due to a disabling condition, they may qualify for spousal support, regardless of the marriage length.
Primary caregiver of a disabled child: If a spouse is the primary caregiver for a child with a physical or mental disability, and the child’s needs prevent them from working, they may be entitled to support.
Victim of family violence: If family violence occurred during the marriage or within two years before the divorce was filed, the abused spouse may be entitled to support, even if the marriage lasted less than 10 years.

How is the Amount of Spousal Support Determined?

In Texas, courts don’t take spousal support lightly and will only award it when necessary. The amount and duration of support are based on multiple factors, including:

Financial resources and property: The court considers the property awarded to each spouse and their ability to support themselves after the divorce.
Employment and education: The education level and job skills of the spouse requesting support will play a role in determining the amount. If a spouse needs additional training or education to re-enter the workforce, this will also be taken into account.
Contributions to the marriage: This includes contributions as a homemaker, child care provider, or the sacrifices made to support the spouse’s career.
Age and health: The physical and emotional condition of both spouses will factor into the decision, particularly if one spouse cannot work due to age or health reasons.
Fault in the marriage breakdown: In cases where adultery, abuse, or other misconduct led to the breakdown of the marriage, the court may consider these factors when determining spousal support.

Duration of Spousal Support

The duration of spousal support is often one of the most contested aspects of a divorce. In Texas, support is intended to be temporary, helping the receiving spouse become self-sufficient. The length of time a spouse can receive support is determined by the length of the marriage:

Less than 10 years: Spousal support is typically unavailable unless family violence occurred.
10 to 20 years: Support may be granted for up to 5 years.
20 to 30 years: The receiving spouse may receive support for up to 7 years.
More than 30 years: Spousal support can be awarded for up to 10 years.

In some cases, spousal support may be indefinite if the recipient has a permanent physical or mental disability that prevents them from becoming self-supporting.

Modifying or Terminating Spousal Support

Spousal support orders are not set in stone and can be adjusted or terminated if circumstances significantly change for either party. Courts recognise that both the paying and receiving spouse’s situations may evolve after the divorce is finalized, and spousal support orders are designed to adapt to these changes when necessary. Below are the key circumstances under which spousal support may be modified or terminated:

Significant Change in the Paying Spouse’s Financial Situation
If the spouse ordered to pay support experiences a substantial change in their financial situation, they may request a modification of the support order. Common scenarios include:
- Job Loss: If the paying spouse loses their job or experiences a major reduction in income, they may petition the court to reduce their support payments.
- Medical Expenses: Significant medical bills or other unexpected financial burdens may also justify a modification.
- Retirement: If the paying spouse retires and their income decreases, they may request a reduction in support.
Remarriage of the Receiving Spouse
Under Texas law, spousal support automatically terminates if the receiving spouse remarries. The rationale is that remarriage typically provides additional financial support from the new spouse, making the continued need for alimony unnecessary.
Cohabitation with a New Partner
If the receiving spouse enters into a cohabiting relationship with a new partner, the paying spouse can request the termination of spousal support. Cohabitation implies that the new partner is contributing to the household’s financial support, which can reduce or eliminate the need for spousal support from the ex-spouse.
Self-Sufficiency of the Receiving Spouse
Spousal support is often intended to help the receiving spouse become financially independent. If the receiving spouse attains self-sufficiency, such as securing a job with adequate income or completing educational programs that allow them to support themselves, the paying spouse may seek to terminate or reduce support payments.
Significant Change in the Receiving Spouse’s Financial Circumstances
A substantial increase in the receiving spouse’s income or financial resources, such as receiving an inheritance or a promotion at work, can be grounds for the paying spouse to request a modification or termination of support. The court will review whether the increase in the receiving spouse’s financial situation reduces their need for spousal support.
Death of Either Spouse
Spousal support automatically ends upon the death of either the paying or receiving spouse. In some cases, a divorce decree may include provisions for the estate of the paying spouse to continue payments, but this is not common and would need to be specifically outlined in the divorce settlement.

In all of these situations, it’s essential for the affected spouse to file a formal request with the court for a modification or termination of spousal support. Courts do not automatically adjust payments based on changed circumstances. Consulting with a legal professional can help ensure that the appropriate steps are taken and that the court understands the full extent of the financial changes involved.

The Role of an Attorney in Spousal Support Cases

Navigating the complexities of spousal support can be overwhelming, particularly with the specific laws and eligibility criteria in Texas. This is where an experienced family law attorney becomes essential. An attorney plays a critical role in ensuring that your rights are protected throughout the divorce process, especially when it comes to financial matters like spousal support.

For the spouse seeking support, an attorney can help gather and present the necessary evidence to prove eligibility. This may include demonstrating the inability to meet basic financial needs, the impact of a physical or mental disability, or providing proof of family violence if relevant. An attorney can also assist in calculating a fair amount of support, taking into account factors such as income disparity, education level, and contributions made to the marriage.

For the spouse who may be ordered to pay support, an attorney can help ensure that the amount and duration of payments are fair and based on the court’s guidelines. This includes presenting evidence of the paying spouse’s financial obligations, resources, and ability to pay.

Additionally, an attorney can help in cases where spousal support modifications are needed. Whether due to a change in circumstances, such as job loss or a significant increase in the recipient’s income, your attorney can file a motion to adjust the spousal support amount or terminate it if applicable. They can also provide guidance if you need to terminate payments due to remarriage or cohabitation of the receiving spouse.

Overall, having an attorney on your side ensures that your interests are well-represented in court and that the final support agreement is both fair and aligned with Texas law. An attorney also provides peace of mind, helping you understand your rights and options every step of the way.

Conclusion: Navigating Spousal Support in Texas

Navigating the complexities of spousal support in Texas can be challenging, especially if you’re unfamiliar with the legal process. Understanding the eligibility requirements, the factors courts consider, and the limits on the duration of support are crucial for both parties in a divorce.

Whether you are seeking spousal support or contesting it, having experienced legal representation can make all the difference. An experienced family law attorney can help protect your rights, clarify your financial obligations, and ensure you receive fair treatment in court.

If you need more information about your eligibility for spousal support or help with your divorce case, contact a qualified attorney from Bobbie Young Law in Texas. Legal support can provide the peace of mind you need during a difficult time.

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