Do I Qualify to Receive Spousal Support After a Divorce in Texas?
When going through a divorce, many people worry about how they'll maintain financial stability; especially if they’ve been out of the workforce or dependent on their spouse’s income. In Texas, spousal support, also known as spousal maintenance, is available in some cases; but it’s not automatic and is awarded only under specific legal conditions.
Here’s what you need to know to determine whether you may qualify for spousal support after your divorce.
What Is Spousal Support in Texas?
Spousal support refers to court-ordered payments made by one spouse to the other after a divorce is finalized. It’s designed to help the lower-earning or non-earning spouse meet basic needs while they adjust to post-divorce life.
In Texas, this type of support is officially called spousal maintenance under the Texas Family Code, and it comes with strict eligibility rules.
Who Qualifies for Spousal Maintenance?
To qualify for spousal maintenance in Texas, the requesting spouse must first prove that they lack sufficient property or income to meet their reasonable minimum needs after the divorce.
From there, they must meet one of the following additional criteria:
The paying spouse was convicted of family violence
The court must award spousal maintenance if the paying spouse was convicted or received deferred adjudication for an act of family violence:
Against the requesting spouse or their child
Within two years before the divorce was filed or while the case is pending
The marriage lasted 10 years or longer
If you were married for at least 10 years, you may qualify if you can prove:
You are unable to earn sufficient income due to age, disability, or lack of earning ability
You’ve actively tried to become self-supporting (e.g., job applications, education, training)
The requesting spouse has a disability
If you have a physical or mental disability that prevents you from earning enough income, the court may grant maintenance regardless of the marriage length.
You are caring for a disabled child
If you're the custodial parent of a child (from the marriage) who has a physical or mental disability that prevents you from working, you may also qualify for maintenance.
How Much Spousal Support Can Be Awarded?
Texas limits the amount of spousal maintenance that can be awarded:
The maximum amount is the lesser of two options: $5,000 per month or 20% of the paying spouse’s average gross monthly income
Duration: Depends on the length of the marriage and other circumstances. For example:
5 years for marriages lasting 10–20 years
7 years for 20–30 years
10 years for 30+ years
Indefinite support may be possible in cases involving disability
Can You Modify or Terminate Spousal Support Later?
Yes, spousal maintenance orders can be modified if there’s a material and substantial change in circumstances (like job loss or a change in income). Support automatically ends if the receiving spouse remarries or cohabitates with a romantic partner.
What If I Don’t Qualify for Court-Ordered Maintenance?
Even if you don’t meet the legal criteria for spousal maintenance, you and your spouse may still agree to contractual alimony as part of your divorce settlement. This is a private agreement that isn’t subject to the same eligibility limits. However, it must be clearly written and enforceable in court.
Need Help Determining Your Eligibility?
Spousal support in Texas is complex and heavily dependent on your specific financial and personal circumstances. Whether you’re seeking support or facing a request to pay it, legal guidance is key to protecting your financial future.
At LDG PLLC, we help clients navigate the spousal support process with a focus on fairness, financial clarity, and long-term stability. Contact us to discuss your situation and find out where you stand.