Divorce can bring significant financial challenges, especially when one spouse has been financially dependent on the other. In Texas, spousal support—often called alimony in other states—is not automatically granted. Courts evaluate specific factors before awarding support, and the outcome can significantly impact both parties.
At Daniel Ogbeide Law, we understand the stress and uncertainty that come with divorce proceedings. Our experienced family court lawyers in Houston work to protect our clients’ financial futures by securing fair spousal support arrangements.
This article explains when spousal support is awarded, how Texas courts determine the amount and duration, and how a strong legal strategy can make a difference.
Who Qualifies for Spousal Support in Texas?
Unlike some other states, Texas law only allows spousal support under specific circumstances. A spouse must prove they lack sufficient income or assets to meet basic needs and meet at least one of the following criteria:
- The marriage lasted at least 10 years, and the requesting spouse cannot support themselves.
- The paying spouse was convicted of family violence within two years of filing for divorce.
- The requesting spouse has a physical or mental disability that prevents self-sufficiency.
- The requesting spouse is the primary caretaker of a child with a disability that prevents full-time employment.
- If none of these conditions apply, the court is unlikely to award spousal support.
How Do Courts Determine the Amount and Duration of Support?
Texas law imposes strict limits on spousal support. The maximum amount is 20% of the paying spouse’s gross income or $5,000 per month, whichever is lower. However, courts consider several factors when deciding the final amount and duration, including:
- The length of the marriage
- Each spouse’s financial resources, education, and employment history
- Contributions made to the marriage, including homemaking and childcare
- Misconduct, such as adultery or financial fraud
- The physical and mental health of both parties
The duration of spousal support is also limited:
- Up to 5 years for marriages lasting 10-20 years
- Up to 7 years for marriages lasting 20-30 years
- Up to 10 years for marriages lasting 30+ years
- Indefinite support only applies in cases of severe disability
Can Spousal Support Be Modified or Terminated?
Yes, spousal support can be modified or terminated under certain circumstances. If the receiving spouse remarries or cohabitates with a new partner, payments typically stop. Courts may also modify support if there is a significant change in financial circumstances, such as job loss or increased income.
Need a Fair Spousal Support Arrangement? We Can Help.
Are you concerned about receiving or paying spousal support? The financial implications of a divorce can be overwhelming, but you don’t have to face them alone. At Daniel Ogbeide Law, our family law and litigation attorneys in Houston fight to protect our clients’ financial interests and ensure fair outcomes.
Contact us today by calling 832-321-7005 to discuss your case with experienced divorce lawyers in Houston who understand Texas spousal support laws. Let us help you secure the stability you need for the next chapter of your life.