In Texas, courts do not automatically grant spousal maintenance, often referred to as alimony, during a divorce. A judge will only award it under specific conditions. Spousal maintenance is typically a temporary financial support arrangement, but qualifying for it depends on numerous factors.
Eligibility for spousal maintenance in Texas
To qualify for spousal maintenance, the requesting spouse must meet certain conditions outlined by Texas law. First, the spouse must prove they cannot provide for their reasonable minimum needs. This inability can stem from physical or mental disabilities, ongoing care for a special-needs child, or the length of the marriage.
If the marriage lasted 10 years or longer, the requesting spouse may also qualify for support. Furthermore, if the court has convicted the paying spouse of or given deferred adjudication for family violence within the last two years, the requesting spouse can qualify for maintenance as well.
Factors affecting the amount and duration of maintenance
If the court determines that spousal maintenance is appropriate, it will decide the amount and duration based on the following factors:
- Length of the marriage: the duration of the marriage significantly impacts the length of maintenance payments.
- Health and employment status: courts consider the age, health and job skills of both spouses.
- Financial resources: the court evaluates both spouses’ financial resources and the ability of the paying spouse to make payments.
- Contributions to the marriage: contributions such as homemaking and childcare also play a role in the decision.
Texas law defines clear limits on both the amount and duration of spousal maintenance. The court can choose the maximum monthly amount, which will be either $5,000 or 20% of the paying spouse’s average monthly income before taxes. The length of the payments depends on the duration of the marriage.
Can unmarried partners get alimony?
In Texas, unmarried partners typically cannot receive alimony. Yet, some may still seek financial support in certain circumstances. For example, if a couple has a common-law marriage in Texas, the law treats them similarly to legally married couples. Common-law marriage requires the couple to agree to be married, live together, and represent themselves as married to others.
In rare cases, a spouse who has an annulled marriage may also qualify for spousal maintenance, often referred to as “palimony” in some states. Spousal maintenance laws in Texas can be complex, so it is wise to consult a family law attorney to better understand your situation and ensure you meet all requirements.