Spousal Support in Texas
In a divorce, spousal support is sometimes paid by one party to financially uphold the other party after the divorce has concluded, under an arrangement or request. The reason for spousal support is to assist with meeting the ongoing financial necessities of a financially dependent party within the marriage for a specific timeframe.
The Goals of Spousal Support
The goals of spousal support are to:
- Analyze any financial benefits or impediments the parties might receive as a result of the divorce.
- Manage the financial responsibilities that arise with regards to caring for children of the marriage.
- Reduce the financial hardship a spouse will experience as a result of the separation.
- Allow both parties the opportunity to restructure their financial situation within a specific time frame to fit their new circumstances.
Do I Qualify for Spousal Support?
Texas laws regarding spousal support are quite detailed, making it more difficult to win support here than in other states. While it is feasible to receive spousal support in court, it is substantially more likely to obtain support through a private agreement made as part of the separation settlement.
Spousal support is settled depending on the situation. There are essentially four ways by which a party can receive spousal support:
- The party from whom support is being requested has been convicted of or received a settlement for a family violence offense against the other spouse or the other party’s child within two years of filing for divorce or while the divorce is pending. The length of the marriage is irrelevant in this scenario.
- The marriage has lasted at least 10 years and the party seeking support lacks sufficient property or income to meet their minimum reasonable needs AND is either:
- Disabled
- The primary caregiver of a special needs child
- In need of earning capacity to meet their basic needs
- The parties reach an agreement that spousal support be payable for a specific period of time.
- If a party is a supported immigrant, they may rely on the Affidavit of Support executed by the other party and petition the Court to request 125% of the Federal Poverty Guidelines until the sponsored spouse becomes a U.S. resident or acquires 40 work credits.
Factors Considered for Spousal Support in Texas
- Length of the marriage
- Financial assets of each party
- Health and age of each party
- Property owned prior to the marriage
- Evidence of concealment, fraud, misrepresentation, or destruction of community property by either party
- Employment history and earning capacity of each party
- Commitment by the parties to the family — either through support, contributions to education, or care of children if applicable
Duration of Spousal Support in Texas
If the court decides to grant spousal support, limitations on the duration of these payments will be placed depending on the circumstances:
- Up to 5 years if the marriage lasted under 10 years and the receiving party qualifies, or if the marriage lasted over 10 years but under 20 years.
- Up to 7 years if the marriage lasted over 20 years but under 30 years.
- Up to 10 years if the marriage lasted 30 years or more.
When going through a divorce, it is important to understand how the laws of spousal support apply to you. The best way to gain this understanding is by reaching out to a local attorney. Kamal Law Firm PLLC is a great resource for you. With our extensive experience, you can feel confident knowing your questions will be answered and your case handled with care. Feel free to call our office to schedule your consultation today!
