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How long does spousal support last in Texas?

On Behalf of | Apr 30, 2021 | Divorce

Texas law refers to spousal support as spousal maintenance. In order to receive spousal maintenance, you need to meet the state’s eligibility requirements. The court decides how much a spouse receives and for how long following the guidelines in state code.

How long alimony lasts

Spousal support lasts up to 10 years if your marriage was over 30 years long. If the marriage was under 10 years in length, then you could receive spousal maintenance for up to five years. Marriages that survived 10-20 years have an alimony time period of up to seven years. If you or your dependent child has a disability, then you might receive spousal maintenance indefinitely.

Who is eligible for alimony?

A married couple can create their own spousal support agreement. Outside of negotiations, spouses are sometimes able to claim alimony under Texas law. If your spouse received a conviction or deferred adjudication for family violence within two years of the divorce, then you might have a legal right to obtain spousal support. Acts of family violence during the divorce also qualify the victim for receiving financial assistance from their former spouse. If you are unable to meet your reasonable needs and you have a disabled child or you are the one who has a disability, then you are eligible for spousal support.

How much money could you receive?

Texas law states that the court can award an alimony of $5,000 a month or 20% of the paying individual’s average monthly gross income based on which is the lower amount. The court must take into consideration whether the paying spouse would go through financial hardship by paying alimony.

Spousal support is usually only temporary, so you should create a plan to meet your living expenses once your financial assistance ends. Exactly how long you receive spousal support and what monetary amount you’re awarded depends on what the court decides.