In Texas, spousal support, often called maintenance, can help dependent spouses to get back on their feet after a divorce. In a marriage, spouses often decide to divide chores. For instance, one spouse could center their efforts on their job or business while the other takes care of the kids and the house. Still, when a divorce is on the table, the dependent spouse may be worried about economic arrangements. Reviewing the requirements for spousal support can help you evaluate if this is the right path for you.
Eligibility Criteria
To receive spousal support in Texas, you must demonstrate insufficient property and income to meet your minimum reasonable needs. Beyond this, one of the following specific conditions must also be met:
- Family violence: If your spouse has been charged or convicted for family violence in the last two years.
- Disability: If you have a physical or mental disability that limits your ability to work.
- Long marriage: If your marriage lasted ten years or more.
- Custodial parent: If you are the custodial parent of a child with a disability and need help supporting them.
If you qualify for one of these factors, you could be eligible for spousal support. Still, the duration and amount awarded will depend on your situation.
Duration and Amount
The court considers several factors when determining the amount and duration of maintenance. First, they will look at your ability to provide for your own needs. This includes your educational background and employment skills, as well as your age and health.
Then, they will examine the length of your marriage and your contributions. The court will consider household labor and other factors. For instance, if you took care of chores while your spouse grew in their career, the court will consider this. Ultimately, this work helped your spouse gain the assets and property they now have.
Finally, the court will evaluate other factors, such as if there was marital misconduct or violence during the marriage. These situations also influence the amount and length of money awarded. Therefore, maintenance can give you the support you need to start a new chapter in your life.
However, the duration of spousal support is usually limited to the shortest reasonable period needed for the recipient to become self-sufficient. The maximum durations are:
- Five years if your marriage lasted less than 20 years.
- Seven years if your marriage lasted between 20 and 30 years.
- Ten if your marriage lasted 30 years or more.
Still, if you have a disability or impediment, the length could differ. Moreover, the amount of support cannot exceed 20% of the paying spouse’s average monthly income or $5,000 per month, whichever is less.
Understanding the nuances of spousal support in Texas is essential for those going through a divorce. The criteria and considerations can help you know what you can expect. Still, every case is unique, so it is best to consult with your attorney to solve your questions.