Spousal Support

At Brian Andrade Family Law, we understand that spousal support is a critical aspect of divorce proceedings. Our experienced family law attorneys are dedicated to guiding you through the complex process of determining spousal support, also known as spousal maintenance.

Eligibility for Spousal Support

In Texas, spousal support is not automatically granted. To be eligible for maintenance, a spouse must meet two qualifications:

  1. Lack of Sufficient Property: The spouse seeking maintenance must lack sufficient property to provide for their minimum reasonable needs after the divorce is finalised.
  2. Additional Qualification: The spouse seeking maintenance must also meet one of the following alternative qualifications:
    • The paying spouse was convicted of or received deferred adjudication for an act of family violence during the marriage or while the divorce suit was pending.
    • The spouse seeking maintenance is unable to earn sufficient income to provide for their needs due to:
      • Incapacitating physical or mental disability.
      • Responsibility as the custodian for a child of the marriage who requires substantial care and personal supervision due to physical or mental disability.
    • The spouse seeking maintenance is unable to earn sufficient income to provide for their needs, and the marriage lasted 10 years or more.

Determining the Amount and Duration of Spousal Support

If the spouse seeking maintenance meets the eligibility requirements, the court will consider various factors to determine the amount and duration of spousal support. These factors include:

  • Educational background
  • Duration of marriage
  • Employment history
  • Infidelity
  • Other relevant factors

The court has the discretion to award no support, maximum support, or something in between.

Limits on Payment Duration and Amount

If the court orders spousal maintenance, there are limits on the duration and amount of payments:

  • Duration: The court may order maintenance for up to 5 years if the spouse qualifies under scenario #1 or the marriage lasted between 10-19 years. The duration increases to up to 7 years if the marriage lasted between 20-29 years, and up to 10 years if the marriage lasted 30 years or more. If the spouse qualifies under scenario #2(a) or (b), the court may order an indefinite award as long as the underlying eligibility criteria continues to exist.
  • Amount: The court may only order monthly payments up to the lesser of $5,000 per month or 20% of the paying

If you are navigating a divorce and have questions about spousal support, get in touch with us. Our experienced family law attorneys can provide guidance and representation to ensure a fair and just outcome.

Why Choose Brian Andrade
Family Law?

At Brian Andrade Family Law, we are committed to providing our clients with the highest quality legal representation and support, tailored to their unique needs and circumstances. When you choose our firm, you can expect:


Our attorneys have years of experience handling a wide range of family law matters, divorce. We have the knowledge, skills, and resources necessary to guide you through the process efficiently and effectively.


We understand that every divorce is unique, and we take the time to listen
to your needs, concerns, and goals.
We will work closely with you to develop a customized legal strategy that meets your specific needs and protects your interests.


Divorce can be a challenging and emotional experience, even when both parties are in agreement. Our team is here to provide you with the compassionate support and guidance you need during this difficult time, ensuring that you feel heard, understood, and supported throughout the process.

Accessible and Responsive Service

We are committed to providing our clients with accessible and responsive legal services. We will keep you informed and involved throughout your case, promptly responding to your questions and concerns and ensuring that you have the information and support you need to make informed decisions.

Reasonable Fees

We understand that cost is a concern for many individuals facing divorce. We strive to provide high-quality legal services at reasonable rates, and we will work with you to develop a fee arrangement that meets your needs and budget.

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522 Bishop Avenue Richardson, TX 75081
(972) 372-4926
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