How Long Does Spousal Support Last in Texas?
If you’re facing a divorce in Texas, you might have many questions about spousal support. How long will it last? Who’s eligible? What factors determine the duration? These questions can keep you up at night, especially when your financial future hangs in the balance.
At Roger G. Jain & Associates, P.C. divorce law firm, our Houston spousal support lawyers understand how much is at stake during a divorce. While spousal support is an often necessary component of many Texas divorces, it must be fair. Every divorce is unique. Your specific situation – the length of your marriage, earning capacity, health, and many other factors – will all play a role in determining whether spousal support is appropriate in your divorce and, if so, how long it should last.
Understanding Spousal Support in Texas
In Texas, we take a unique approach to spousal support, often surprising those who assume it works like other states. Here’s the thing: Texas law aims to limit long-term financial dependence between ex-spouses. The goal? To encourage financial independence as quickly as possible after a divorce.
But don’t let that fool you into thinking spousal support isn’t available. It is – it’s just not as common or long-lasting as you might expect. Texas recognizes two types of spousal support: court-ordered spousal maintenance and contractual alimony. Let’s break them down.
Court-Ordered Spousal Maintenance: The Tougher Route
Getting court-ordered spousal maintenance in Texas takes work. The state sets a high bar for eligibility (Texas Family Code § 8.051), and even if you clear it, there are strict limits on duration and amount.
To qualify for court-ordered maintenance, you must prove that even after the property division, you can’t meet your basic needs after the divorce. But that’s not all. You also need to fit into one of these categories:
- You have a disability that prevents self-support.
- You’ve been married for at least ten years and can’t earn enough to meet your basic needs. You must also show that you’ve attempted to earn income or obtain skills to become self-supporting.
- You’re caring for a child with a disability that prevents you from working.
- Your spouse committed domestic violence within two years of the divorce filing.
However, even if you qualify, don’t expect a lifetime of support. Texas caps maintenance at $5,000 per month or 20% of the paying spouse’s average monthly income, whichever is less. And there’s a time limit too, usually no more than 5-10 years, depending on the length of your marriage and extenuating circumstances.
Contractual Alimony: An Easier Road
Texas law may be tough on court-ordered support, but it’s surprisingly flexible when it comes to agreements between spouses. This is where contractual alimony comes in.
If you and your soon-to-be-ex can agree on spousal support terms, the court will generally approve it. This agreement can be for any amount and duration you both accept. It’s like creating your own rulebook for post-divorce financial support.
Contractual alimony is a contract. If payments stop, you’ll need to enforce it like any other contract, which can mean going back to court.
How Long Can Support Last?
So, how long does spousal support actually last in Texas? The answer, like many aspects of law, is – it depends.
For court-ordered maintenance, Texas law (Texas Family Code § 8.054) sets these limits:
- 5 years max for marriages under 10 years (only in cases of family violence)
- 5 years max for marriages of 10-20 years
- 7 years max for marriages of 20-30 years
- 10 years max for marriages over 30 years
There are exceptions. If the receiving spouse has a disability or is caring for a child with a disability, support can continue indefinitely, subject to periodic review.
For contractual alimony, the duration is whatever you agree to. It could be a few months, several years, or even a lifetime. It’s up to you and your spouse to negotiate.
An Experienced Texas Spousal Support Lawyer Can Help
Navigating Texas spousal support law is not easy to do alone. The rules are complex, the exceptions numerous, and so much is at stake. That’s why having an experienced Texas family law attorney by your side is crucial.
Divorce is often an emotionally and financially turbulent time. The prospect of paying or receiving spousal support can add another layer of stress to an already difficult situation.
If you’re the potential recipient, you might be worried about how you’ll make ends meet after your divorce. The idea of rebuilding your financial life can be daunting, especially if you’ve been out of the workforce for a while.
On the flip side, if you’re a potential payer, you might be concerned about the impact of support payments on your own financial stability. How will you balance these payments with your other obligations?
At Roger G. Jain & Associates, P.C., our Houston spousal support attorneys are here to help you through your divorce. We know what is at stake and how important it is to move forward without the weight of your past. We can help you do just that.
Divorce is never easy, but with the right information and support, you can move forward with confidence. Call our divorce law firm at 713-981-0600 or fill out our confidential contact form for more information.
Roger Jain is a dedicated trial lawyer who assists his clients in the following areas of practice: civil litigation, business law, criminal defense, juvenile law, estate planning and family Law.