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In Texas, spousal support, commonly referred to as spousal maintenance, is a financial arrangement where one spouse provides support to the other after divorce. Here are key points regarding spousal support in Texas:

Eligibility for Spousal Support

1. Duration of Marriage: Typically, spousal support is more likely to be awarded if the marriage lasted 10 years or longer.
2. Grounds for Support: A spouse may qualify for maintenance if:
   • The spouse seeking support has a physical or mental disability that prevents them from earning sufficient income.
   • The spouse seeking support is caring for a disabled child.
   • The other spouse was convicted of domestic violence against the spouse seeking support during the marriage.

Amount and Duration

• Duration: The amount of support may be limited based on the length of the marriage:
  • Less than 10 years: Up to 5 years of support.
  • 10 to 20 years: Up to 7 years of support.
  • 20 to 30 years: Up to 10 years of support.
  • 30 years or more: Duration may be indefinite but still subject to review.
• Calculation of Amount: The support amount is generally capped at either:
  • 20% of the paying spouse’s average monthly gross income, or
  • $5,000 per month, whichever is less.

Factors Considered

Texas courts consider several factors when determining spousal maintenance, including:

• The financial resources of both spouses.
• The education and employment skills of the spouse seeking support.
• The age and health of both spouses.
• The contribution of each spouse to the household (e.g., homemaking).
• Any marital fault (e.g., infidelity, abuse).

Modification and Termination

• Modification: Spousal support can be modified if there are significant changes in circumstances, such as changes in income or health.
• Termination: Support automatically terminates upon the remarriage of the recipient or if they cohabit with another person in a romantic relationship.

Legal Process

• To obtain spousal support, a spouse typically must request it during the divorce proceedings. It can also be pursued in post-divorce modifications.

For personalized advice or specific situations, it is advisable to consult with a family law attorney familiar with Texas law, book your appointment with the Denis Law Group today.