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How Does Spousal Support Work in Texas?

Chandler Rice Winslow | June 25, 2024

Post-divorce spousal maintenance in Texas is rehabilitative in nature and intended to provide support to a spouse whose ability to earn income is lacking, or has deteriorated over time, and whose assets are insufficient to support themselves following the divorce. Most divorcing couples are unaware of the specifics regarding spousal maintenance in Texas, but understanding its intricacies can help you ensure a more favorable outcome in your divorce.

Can I Get Spousal Support in Texas? Will I Have to Support Myself?

“Can I get spousal support in Texas?” is a common question for those ending a marriage. In a Texas divorce, the court may order one party to pay spousal maintenance to the other party only if the requesting party will lack sufficient property upon divorce to provide for their minimum reasonable needs and at least one of these conditions are met:

• The paying spouse committed family violence against the requesting spouse or their child within two years before the divorce suit was filed or during the case proceedings.
• The spouse requesting support cannot earn income to meet their minimum reasonable needs due to a physical or mental disability.
• The parties have been married for ten years or longer and the spouse requesting payments cannot earn enough income to cover their minimum reasonable needs.
• The spouse requesting support is the custodian of the parties’ child (of any age) who requires significant personal supervision and care because of a mental or physical disability, which prevents them from earning the income needed to meet their own minimum reasonable needs.

So, can you get spousal support in Texas? Generally speaking, yes. But the specifics of your situation will dictate the court’s decision in your case. The court will want to see that the party requesting spousal maintenance has tried diligently to earn enough income to cover their minimum reasonable needs or has developed the necessary skills to provide for their needs during the pendency of the parties’ separation and divorce.

If a spouse is eligible for and receives court-ordered spousal maintenance in Texas, the amount of monthly spousal maintenance is statutorily capped at 20% of the average monthly gross income of the paying spouse or $5,000, whichever is less.

How Long Do I Have, and How Do I Stretch My Funds Until I Am in a Better Position to Work?

Unless the receiving spouse is unable to maintain employment because they are disabled or are caring for the parties’ disabled child(ren), the length of time a spouse is eligible to receive monthly spousal support payments depends on the length of the parties’ marriage:

• Marriages lasting less than ten years, in which the paying spouse has committed family violence, are capped at five years of payments.
• Marriages lasting between ten to 20 years, in cases not involving family violence, are also capped at five years of payments.
• Marriages lasting at least 20 years, but not more than 30 years, have payments capped at seven years.
• For marriages lasting 30 years or more, spousal support payments are capped at ten years.

The court will determine what the shortest reasonable period is that will allow the requesting party to earn enough income to cover all of their minimum reasonable needs, unless the receiving spouse is unable to meet these needs due to disability or caring for a disabled child.

Oftentimes in a marriage, one spouse may have relied on the other to handle financial matters or may be unaware of how to properly manage investments or other assets they are awarded in the divorce, including spousal support payments. The attorneys at Goranson Bain Ausley have a strong referral network of trusted financial advisors who can explain and provide guidance concerning finance and investment management in order to help secure a bright financial future post-divorce.

What Happens if I Took Off to Care for My Children? How Do I Get Back into the Workforce?

When deciding the spousal support payment duration and amount for a spouse who has been a stay-at-home parent, the court takes into consideration several factors, including:

• The education and employable skills of the spouse, the time needed to acquire sufficient education or training to enable the requesting spouse to earn a sufficient income on their own, and the availability and feasibility of that education or training
• The age, earning ability, employment history, and physical and emotional condition of the spouse requesting payments
• Acts committed by either party that resulted in destruction, excessive or abnormal expenditures, fraudulent disposition, or concealment of marital property
• A spouse’s contribution to the earning ability, training, or education of the other spouse
• Contributions a spouse has made as a homemaker
• Marital misconduct, such as cruel treatment or adultery
• Any history of family violence

The court may allow a reasonable time for the stay-at-home spouse to obtain the additional education and/or training to help them to successfully re-enter the workforce, but it is important to begin acquiring these skills or applying for jobs even while the divorce is pending. Because the award of Texas spousal maintenance is determined on a case-by-case basis, it is wise to consult with a family law attorney who can provide individual feedback and determine the best way to present your claims for spousal maintenance to a Texas court.

Learn More About Family Law and Spousal Maintenance

Chandler Rice Winslow, a partner at Goranson Bain Ausley, has been recognized by D Magazine as one of the Best Lawyers Under 40 for 2022. She was also included in the 2023 edition of Best Lawyers in America: Ones to Watch and selected for the Texas Rising Star list in 2023. With extensive experience in business and real estate law, she represents a diverse range of family law clients, including both working and non-working mothers. Chandler has a deep understanding of business operations and collaborates closely with business owners to identify separate and community property. She is also highly sought after for drafting pre-nuptial and post-nuptial agreements and resolving highly contested custody issues.

To learn more about your options for spousal maintenance in Texas, please contact Chandler Winslow at 214-373-7676.

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