When a marriage ends in Texas, one of the significant concerns for many individuals is the potential for spousal support, commonly referred to as alimony. This financial assistance is granted under specific circumstances and is intended to support a spouse who might not be able to maintain their standard of living post-divorce.
The duration of spousal support is a complex issue, influenced by various factors, including the length of the marriage and the financial needs and capabilities of both parties. This article aims to provide a straightforward analysis of how long spousal support lasts in Texas, referencing specific statutes from the Texas Family Code.
For personalized advice, please contact Attorney Tyler Monahan, partner at Turner-Monahan, PLLC, to discuss your case.
Texas Spousal Support Basics
In Texas, spousal support is not automatically granted. Instead, the court considers various factors to decide if, how much, and for how long one party must pay spousal support to the other. These factors include the duration of the marriage and each spouse’s ability to provide for their minimum reasonable needs independently.
Key Statutes from the Texas Family Code
The Texas Family Code Chapter 8 lays out the rules for spousal support. These include who qualifies for it, how the court decides the amount and duration, and under what conditions it’s awarded.
When Spousal Support Is Granted
According to Section 8.051 of the Texas Family Code, for a spouse to be eligible for spousal support, they must demonstrate that they will not have enough property post-divorce to meet their basic needs. Additionally, one of the following conditions must be met:
1. Family Violence: The other spouse committed an act of family violence, as defined in Section 71.004 of the Texas Family Code, during the marriage. This can include physical harm, bodily injury, assault, or a threat that reasonably places the spouse in fear of imminent physical harm.
2. Inability to Earn: The spouse seeking support is unable to earn sufficient income to provide for their minimum reasonable needs due to:
- Disability: An incapacitating physical or mental disability that prevents the spouse from being able to work.
- Long-Term Marriage: Having been married to the other spouse for 10 years or longer, the spouse lacks the ability to earn enough income to meet their minimum reasonable needs.
- Child Care: The spouse is the primary caretaker of a child of the marriage, of any age, who requires substantial care and personal supervision because of a physical or mental disability, preventing the spouse from earning sufficient income.
How Support Duration Is Determined
If the court thinks a spouse should get support, it looks at many things to decide how much and for how long (Section 8.052). These include:
- How much money each spouse will have after the divorce.
- The education and job skills of each spouse, and how long it would take for the spouse to ask for support to get the training or education needed to find a good job.
- How long the marriage lasted?
- The age, job history, and health of the spouse asking for support.
- Whether paying child support or spousal support will make it hard for either spouse to meet their own basic needs.
- If either spouse wasted marital property or hid it from the other.
- If one spouse helped the other get more education or improve job skills.
- What property did each spouse bring into the marriage?
- If one spouse mainly took care of the home or family.
- If there was any cheating or cruel treatment in the marriage.
- Any history of family violence.
Duration Limits for Spousal Support
Section 8.054 sets clear limitations on how long spousal support orders can last:
- For marriages less than 10 years where family violence occurred, or marriages between 10 and 20 years, support cannot exceed 5 years.
- For marriages between 20 and 30 years, support cannot last more than 7 years.
- For marriages of 30 years or more, support is limited to a maximum of 10 years.
However, the court can extend maintenance under certain conditions, such as a spouse’s disability or the need to care for a disabled child, as long as the eligibility criteria under Section 8.051(2)(A) or (C) continue to be met. In addition, the maintenance order can be reviewed and potentially modified upon request by either party or the court’s decision.
The Texas Family Code provides a structured framework for determining spousal support, focusing on ensuring that it is awarded fairly and only for as long as necessary. If you’re dealing with spousal support questions, attorneys at Turner Monahan, PLLC are ready to help you understand your rights and navigate your options effectively.
Turner Monahan, PLLC: Navigating Spousal Support
Understanding the duration of spousal support in Texas can be complex, but Turner Monahan, PLLC is equipped to guide you through every step. With a legacy of providing high-quality, experienced representation in family law matters since 1973, our team is dedicated to protecting your rights and achieving your goals with personalized legal strategies.
Whether you’re facing divorce, custody, or spousal support issues, we’re here to help. Schedule a free, no-obligation consultation with attorney Tyler Monahan to discuss the details.
Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
