For couples going through a divorce, one of the biggest financial questions is whether one spouse will need to support the other through alimony in Texas. Unlike other states, Texas has strict rules on when and how alimony can be awarded.
There are various factors that affect the duration of alimony payments, and the specific circumstances of the case determine these factors. To understand how long your alimony works, it helps to first understand how it works and what determines eligibility.
How Does Alimony Work in Texas?
In Texas, alimony—also referred to as spousal maintenance—is a court-ordered financial obligation where one spouse pays support to the other after a divorce. This payment is meant to help the receiving spouse meet their basic needs while working toward becoming financially independent.
There are two types of alimony in Texas:
- Court-Ordered Spousal Maintenance
- Contractual Alimony
The amount of alimony a Texas court can award depends on the paying spouse’s gross monthly income or a maximum cap, whichever is lower. The maximum is typically either $5,000 per month or 20% of the paying spouse’s gross income, with payments generally being made on a monthly basis. The duration of alimony varies, usually being temporary unless there are exceptional circumstances that justify a permanent or extended obligation.
How to Get Alimony in Texas
In Texas, not every spouse is eligible for alimony. Specific legal conditions must be met before a judge can order spousal support. These requirements include:
- Being married for at least 10 years and lacking sufficient income to meet your basic needs.
- Unable to support yourself due to a physical or mental disability.
- Serving as the custodial parent of a disabled child who requires substantial care.
- Your spouse being convicted of family violence within two years before filing for divorce.
If you believe you qualify for alimony, here are the steps to take in order to seek support:
- Request alimony during your divorce proceedings.
- Provide financial documentation and evidence to prove your need.
- Understand that Texas courts generally favor rehabilitative maintenance, which involves temporary financial support aimed at helping you become self-sufficient.
Alimony in Texas is not automatically awarded, so it’s crucial to meet the necessary requirements and make a compelling case in court. By carefully following the steps and ensuring all the proper documentation is in order, you may be able to receive the financial support you need as you move forward.
What Factors Affect Alimony in Texas?
When determining alimony, there are several key factors that judges in Texas will consider to ensure the fairness and necessity are met. Here are a few factors that a judge will consider:
The Length of the Marriage
The length of the marriage affects the duration of alimony. Alimony in Texas can last for up to:
- 5 years for marriages lasting between 10-20 years
- 7 years for marriages between 20-30 years
- 10 years for marriages of 30 years or more
The idea is that during a longer marriage, one spouse has become more financially dependent than the other over time.
Each Spouse’s Earning Ability and Education
Courts closely examine each spouse’s ability to earn a living. This includes their education level, work history, and the skills they possess to secure employment. If one spouse left the workforce to raise children or support the other’s career, they may need time and resources to regain financial independence. Alimony may be granted temporarily to allow that spouse to obtain training or education.
Age, Health, and Employment History of Both Spouses
A spouse’s age and health play an important role in determining alimony. Older individuals or those dealing with chronic illness or disability may have limited ability to work or retrain for a new career. In such cases, courts may consider longer or more substantial support to ensure basic needs are met.
Marital Misconduct
While Texas is a no-fault divorce state, misconduct such as adultery or family violence can still influence alimony decisions. Judges may reduce or deny alimony to a spouse found guilty of serious misconduct, while acts of abuse can strengthen the case for the victimized spouse to receive financial support.
Contributions to the Household or the Other Spouse’s Career
Not all contributions in a marriage are financial. Texas courts recognize the value of unpaid work, such as raising children, maintaining the household, or helping a spouse advance professionally. A partner who set aside their own career to support the family or the other spouse’s ambitions may receive alimony as acknowledgment of those sacrifices.
Financial Needs and Availability of Resources After Property Division
Finally, the court evaluates each spouse’s financial situation after marital assets and debts have been divided. If one spouse has sufficient property or income to support themselves, they may not qualify for alimony. Conversely, if the property division leaves a spouse without enough to meet basic living expenses, maintenance may be granted to help bridge the gap.
Understanding Your Rights and Options
Texas alimony laws are strict and often short-term, focusing on helping a dependent spouse regain financial independence. The duration and amount depend on factors such as the length of marriage, health, income, and contributions to the household. If you’re unsure what applies to your case, speaking with a Texas family law attorney is the best way to understand your rights and next steps.
Understanding how alimony works in Texas can help you prepare for the financial side of divorce with clarity and confidence. Because Texas law limits when and how long spousal maintenance can be awarded, every case depends on its unique circumstances—from the length of your marriage to your ability to become self-supporting. Knowing your rights and the factors courts consider can make all the difference in protecting your financial future.
If you believe you qualify for alimony in Texas, it’s important to consult with a legal professional who can help you navigate the complex process. A lawyer can ensure you understand the specific requirements, gather the necessary documentation, and present a strong case in court. With the right legal support, you can increase your chances of securing the financial assistance you need to move forward after divorce.
