If you are going through a divorce in Texas, you may think about pursuing spousal support, commonly known as alimony. Or, you may worry that your spouse is going to make an unfair request for it. Alimony is not automatically awarded during the divorce process. In fact, state law specifically outlines when a person may receive alimony or be ordered to pay it. Below, our Houston family law attorney outlines what you need to know if you are concerned about spousal support.

Qualifying for Spousal Support

Either spouse in a divorce case can ask for alimony in Houston. However, Texas law outlines strict qualifications one must meet before receiving support. The first is that any dependent spouse pursuing support must show that they do not have enough property or resources to provide for their reasonable needs after a divorce. If one spouse meets this requirement, they must then also establish that at least one of the following scenarios exists:

• The spouses have been married for a minimum of ten years, and the dependent spouse does not have the ability to earn an income that will provide for their basic needs.
• The dependent spouse is unable to earn an income sufficient to support themselves due to a mental or physical disability.
• The couple has a child together who requires personal supervision or substantial care due to a physical or mental disability. The dependent spouse must have custody of the child and cannot earn a sufficient income to meet their needs and those of their child because they must care for the child.
• The spouse who will be ordered to pay alimony has a prior condition of family violence against the dependent spouse or their child. The spouse must have been convicted while the divorce was proceeding or within two years before the divorce papers were filed.

When the above scenarios do not exist, and a spouse in a long-term marriage claims that they cannot earn a sufficient income to meet their minimum needs, there is a presumption under the law that alimony is not warranted. The only exception to this is if the spouse can show that they have diligently tried to earn a sufficient income or to develop the skills required to do so, as the divorce was pending and the couple was separated.

In the event that a spouse pursues alimony due to a child’s disability, they are not required to have sole or even primary physical custody. For example, two parents may share custody of a disabled child, alternating weeks that the child spends with them. If one parent cannot find work to provide an income because they cannot find a job that would allow them to work only on alternate weeks, that spouse may have a case for alimony.

Determining whether you or your spouse is eligible for alimony is complex. Our Houston family law attorney can review the facts of your case to determine eligibility.

Factors Considered When Determining Alimony Amounts

After one spouse has proven they are eligible for alimony, the judge will then determine the duration and the amount of payments. When making the decision, the judge will consider many factors, including:

• The ability of each spouse to provide for their reasonable needs, considering their finances post-divorce and after child support payments, if applicable
• The duration of the marriage
• The age, earning ability, employment history, and physical and emotional health of the dependent spouse
• The education and employment skills of each spouse, as well as any contribution one spouse made to the training, education, or earning power of the other spouse
• Any contribution one spouse made as a homemaker during the marriage
• The amount of training available to help the dependent spouse become independent and the amount of time it will take for that spouse to receive the training or education they need
• Whether either spouse concealed, wasted, destroyed, or otherwise disposed of marital property
• The property either spouse brought into the marriage
• Whether either spouse engaged in marital misconduct, including cruelty to the other spouse and adultery
• Any history of domestic violence, including child sexual abuse and threats or attempts at violence

Limits on Spousal Support in Texas

While most other states in the country do not place a limit on the amount of spousal support one can receive, Texas does. Monthly alimony payments cannot exceed $5,000 or 20% of the paying spouse’s average monthly gross income. All sources of income are considered when determining a fair amount of support, but exceptions are made for the following:

• Supplemental Security Income (SSI) benefits
• Social Security retirement benefits
• Workers’ compensation and disability benefits, including any disability related to military service 
• Payments for a child’s foster care
• Benefits obtained from public assistance programs, including Temporary Assistance for Needy Families
• Return of principal or capital and accounts receivable

How Long Can a Spouse Receive Spousal Support in Texas?

A judge may order temporary support while a divorce case is proceeding. Temporary support is terminated once the divorce is final. After a divorce is finalized, state law limits the duration of alimony payments. The maximum duration for alimony depends on the length of the marriage and is as follows:

• Five years: Alimony can be paid for no longer than five years if the couple was married for over 10 years but less than 20, or the marriage lasted for fewer than 10 years, and the dependent spouse qualifies based on domestic violence.
• Seven years: Support payments cannot exceed seven years if the couple was married for 20 to 30 years.
• Ten years: Support payments cannot exceed ten years if the couple has been married for 30 years or more.

Our Family Law Attorney in Houston Can Help with Alimony Disputes

When trying to obtain alimony or defend against unfair requests, our Houston family law attorney at Integrity Law Group, PLLC, can help. We can also provide the legal advice you need when trying to enforce or modify alimony payments and on all other matters related to your case. Call us today at (832) 521-4201 or fill out our online form to schedule a consultation with our experienced attorney and to learn more about how we can help with your case.