The Conditions for Entitlement to Spousal Support in Texas

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 in Texas can be overwhelming, which is why it's crucial to have the guidance and representation of an experienced attorney. An attorney can assess your unique situation, help you understand your rights, and advocate for your best interests in court. They will work tirelessly to ensure that you receive fair consideration for spousal support, taking into account all relevant factors and striving for a favorable outcome. Remember, having a knowledgeable legal professional by your side can make all the difference in protecting your financial stability and securing a brighter future after divorce.