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The Conditions for Entitlement to Spousal Support in Texas

by | Mar 4, 2023 | Family Law and Divorce

Divorce is a difficult and often emotional process that can be compounded by financial stress. In Texas, one of the ways that the law attempts to alleviate some of that stress is through spousal support, also known as alimony. Spousal support is a court-ordered payment made by one spouse to the other to help with living expenses after a divorce. However, not every divorce will result in spousal support being awarded. In this blog post, we will discuss the conditions under which you may be entitled to spousal support in Texas.

Who Is Eligible for Spousal Support in Texas?

The Texas Family Code outlines the requirements for spousal support in Chapter 8.051. Under this law, a spouse may be entitled to receive spousal support if they lack sufficient property to meet their own reasonable needs and:

  1. The spouse from whom support is requested was found guilty of or received deferred adjudication for a criminal offense that qualifies as an act of family violence under Section 71.004, and that was committed during the marriage against either the spouse requesting support or their child; or
  2. The spouse requesting support is unable to earn sufficient income to meet their minimum reasonable needs due to an incapacitating physical or mental disability; or
  3. The marriage lasted for ten years or longer, and the spouse requesting support lacks the ability to earn sufficient income to meet their minimum reasonable needs; or
  4. The spouse requesting support is the custodian of a child who requires substantial care and supervision because of a physical or mental disability, preventing them from earning sufficient income to meet their minimum reasonable needs.

It is important to note that these conditions do not guarantee that spousal support will be awarded.

Understanding the Conditions for Entitlement to Spousal Support in Texas

When determining whether spousal support is appropriate, the court will consider many factors. These include the length of the marriage, the earning capacity and financial resources of both parties, and any contributions made by one spouse to the other’s education or career. The court will also take into account any acts of adultery or cruel treatment by either spouse.

It is also worth noting that spousal support in Texas is not typically awarded for an indefinite period of time. Instead, the court will set a specific duration for the support payments. The length of time will depend on the specific circumstances of the case and can range from a few months to several years.

Hire an Experienced Spousal Support Attorney in Texas

Navigating the complexities of spousal support can be challenging, especially during the already emotional and stressful process of divorce. That’s why it’s crucial to have a knowledgeable and experienced attorney by your side to guide you through the legal process and fight for your rights. 

Lisa Bradford is an accomplished family law attorney who is dedicated to helping clients in Texas achieve the best possible outcome in their divorce cases. Don’t navigate the legal system alone – contact Lisa Bradford today to schedule a consultation and get the support and guidance you need. To schedule an initial consultation, call 512-598-5802 or send an email to [email protected].