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.

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.

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