What is spousal support and do I qualify to receive it?
Texas Courts have limited authority to order alimony, or spousal maintenance, after a divorce is granted. However, while your case is pending, the Court has unlimited authority to award temporary spousal support. The Court will consider the needs of the requesting spouse and the ability of the other spouse to pay. The Court will additionally consider the health and age of the parties, ability to work, responsibility for children, availability of funds, and the length of the marriage. As a general rule, temporary spousal support will be ordered for a limited period of time and in an amount necessary to cover the basic necessities of life. To receive alimony after divorce, you must be able to meet prove a substantial need in relation to Texas statutory factors and requirements. Generally, although it is difficult to prove, if your unique fact situation meets the high factor-based statutory burden, and the marriage lasted for at least 10 years, you may be qualified to receive the lesser of $5,000 or 20% of the spouse’s monthly income, for a period of up to five years. If the marriage lasted 20 to thirty years, you may be eligible to receive spousal maintenance for up to seven years. And if the marriage lasted for 30 years or more, you may be eligible to receive spousal maintenance for up to 10 years.
This article is intended for general information only and is not intended to constitute legal advice. The information and materials you obtain on this website are not applicable to any specific individual, situation, or set of facts. Our San Antonio divorce lawyers are prepared to assist you with your case. Please call us for a free initial consult.