How Long Does Spousal Support Last in Texas?

As a family law attorney based in Midlothian, Texas, I often receive questions about the duration of spousal support, also known as spousal maintenance or alimony. Understanding how long spousal support lasts in Texas is crucial for anyone navigating a divorce. Texas law provides specific guidelines on this matter, and it’s essential to grasp these to set realistic expectations.

What Is Spousal Maintenance in Texas?

In Texas, spousal maintenance is financial support that one spouse may be ordered to pay the other after a divorce. It’s designed to provide temporary assistance to a spouse who lacks sufficient property or income to meet their minimum reasonable needs. However, Texas courts award spousal maintenance under limited circumstances, and it’s not guaranteed in every divorce case.

Eligibility for Spousal Maintenance

To qualify for spousal maintenance in Texas, the requesting spouse must demonstrate an inability to meet their minimum reasonable needs and meet one of the following criteria:

• The marriage lasted 10 years or longer, and the spouse seeking maintenance lacks the ability to earn sufficient income.
• The paying spouse was convicted of family violence within two years before the divorce filing or while the divorce is pending.
• The spouse seeking maintenance has a physical or mental disability that prevents them from earning sufficient income.
• The spouse is the custodian of a child with a physical or mental disability, making it necessary for them to provide substantial care and supervision, thereby preventing them from earning sufficient income.

Duration of Spousal Maintenance

The length of time spousal maintenance is awarded in Texas depends primarily on the duration of the marriage:

• Marriages of 10 to 20 years: Maintenance may be awarded for up to 5 years.
• Marriages of 20 to 30 years: Maintenance may be awarded for up to 7 years.
• Marriages of 30 years or more: Maintenance may be awarded for up to 10 years.

In cases involving family violence, even if the marriage lasted less than 10 years, maintenance may still be awarded for up to 5 years.

It’s important to note that these durations are maximum limits. Courts are required to limit the duration of maintenance to the shortest reasonable period that allows the receiving spouse to earn sufficient income to provide for their minimum reasonable needs, unless their ability to do so is substantially or totally diminished due to disability, child care responsibilities, or another compelling reason.

Termination of Spousal Maintenance

Spousal maintenance in Texas terminates upon the earliest of the following events:

• The expiration of the court-ordered maintenance period.
• The death of either the obligor (paying spouse) or obligee (receiving spouse).
• The remarriage of the obligee.
• The obligee cohabits with another person with whom they have a dating or romantic relationship in a permanent place of abode on a continuing basis.

Modification of Spousal Maintenance

Either party can request a modification of the spousal maintenance order if there’s a material and substantial change in circumstances. This could include significant changes in income, employment status, health, or other relevant factors affecting the ability to pay or the need for support.

Contractual Alimony

Apart from court-ordered spousal maintenance, Texas allows for contractual alimony, where spouses agree on the terms of spousal support as part of their divorce settlement. These agreements can provide for support beyond the limitations set by the court, offering more flexibility in terms of amount and duration.

Need Specific Help?

Understanding the nuances of spousal maintenance in Texas is vital for anyone going through a divorce. The duration and eligibility for support depend on various factors, including the length of the marriage and the specific circumstances of the spouses involved. Given the complexity of these matters, it’s advisable to consult with an experienced family law attorney to navigate the process effectively.

If you have questions about spousal support or need assistance with your divorce case, I’m here to help. Click here to schedule a free consultation or call 972-775-3500 now.