Spousal support, sometimes referred to as alimony or spousal maintenance (in Texas), is when either spouse requests financial support from the other spouse in the wake of their divorce.

So how hard is it to get spousal support in Texas? As you face the financial impact of your divorce, and what your income may look like in this next stage of life, you'll want to calculate in whatever spousal support is available. There are Legal Calculators that can help you determine approximate numbers, but you'll likely need your lawyer and the court to see if spousal maintenance is even on the table.

Unfortunately, acquiring spousal support isn't necessarily easy. Texas has specific criteria in place that need to be met before you can receive financial support. We'll break this down below. 

Qualifying for Spousal Support in Texas

You or the spouse you're divorcing are both within your rights to request spousal maintenance, but whether or not support is rewarded will depend on if the requesting spouse has enough property to cover basic living needs. This is good news if you're the spouse from whom maintenance is being requested, because there are protections in place to ensure you can't be made to pay more than you can afford.

Once this determination is made, the court will require at least one of the below circumstances as well:

• The requesting spouse is unable to earn a living due to some incapacity, such as physical disability, injury, or illness.
• The supporting spouse has committed an act of family violence against the requesting spouse or their child within the past 2 years or during the time that the divorce is pending
• The marriage lasted for at least 10 years, and the requesting spouse lacks the ability to earn in some tangible way
• The requesting spouse is caring for and has custody of a heavily dependent child (e.g. mental or physical impairments that require nearly constant attention).

If these criteria are met, the court (with the help and advocacy of your lawyer) will begin determining what spousal maintenance will be owed. 

Calculating Spousal Maintenance Awards in Texas

If you have demonstrated to the court that you have made a reasonable effort to gain employment and living wages, but still can't meet basic needs in your current circumstances, the court will conduct a spousal maintenance evaluation. It's important that you document all efforts you have made to obtain more education, training, or any other activity that would facilitate your financial independence after the divorce.

The court will analyze a wide range of financial factors, including the following:

• How capable the supporting spouse is of providing spousal maintenance
• The duration of the marriage
• Circumstances of marital misconduct
• The property each spouse brought to the marriage

Texas is somewhat unique in that it is a Community Property state. This means that when it comes to dividing assets and determining resources, the court will view property acquired during the marriage as being owned by both people. Regardless of whose income paid for the property, or whose name is on the title, these properties are jointly owned. That doesn't mean the court is required to divide them evenly, but the nature of community property may come into play when determining your resources and ability to provide for yourself. 

How Much Spousal Support Will You Receive? 

The amount you receive in spousal support is not a default or standardized number; it will depend on your circumstances, financial needs, and means.

It's important to note, however, that Texas has a cap on the amount of support a court can order. Maintenance awards can be no more than $5,000/month, or 20% of the supporting spouses' average monthly income after taxes, whichever is lower. 

Can Spousal Support Be Changed? 

The complex nature of many divorces means that needs or circumstances may change. This is especially true when children and custody arrangements are involved.

Fortunately, Texas Law allows for modifications to child support and spousal maintenance under certain circumstances. If, for example, the dependent child moves out of the custodial parent's house and into the house of the spouse making custody payments, a request to modify child support is often appropriate.

This doesn't mean that a change in circumstances makes it appropriate for you to immediately stop payments. You must submit a request to the court for an alimony change, and continue making payments until modifications are granted.

 What About Military Divorce in Texas? 

There's a reason that selecting a lawyer who is experienced with military marriage and divorce is important for military divorce in Texas. The laws have a number of unique facets for divorcing military couples.

The biggest differences between military and civilian divorce is in the divorce process itself. It is required by law that the divorce papers be served personally, which means one spouse being on active duty could delay the divorce. Additionally, the Service Member's Civil Relief Act (SCRA) allows an active duty spouse to request to delay the divorce for at least 90 days.

Child support, property division, and spousal support are largely the same as in civilian divorces, but an active duty spouse may have the opportunity to request unique provisions within child support terms, as they may have a deficit of time with their child.

 Connect With Your Lawyer 

Spousal support in Texas is not easy for someone to navigate alone. Whether you're requesting spousal support, or are concerned that the obligations being demanded of you are unreasonable, it's important to connect with your lawyer to strive for the best outcome.

At McClain Bespoke Legal Solutions, we treat each case with personalized and thorough attention. We're equipped to respond to your specific needs and to work alongside you to find fair and equitable solutions. Learn more about the process today!