Who Qualifies for Spousal Maintenance in Texas

How long do you have to be married to qualify for alimony?

Ten years on the most common ground. Under Texas Family Code § 8.051, a spouse married 10 years or longer can qualify if he or she will lack enough property to meet minimum reasonable needs and cannot earn enough income to meet them.

Three other grounds have no 10-year requirement: an incapacitating physical or mental disability, caring for a child of the marriage whose disability requires substantial care, or the other spouse's conviction or deferred adjudication for family violence within two years before filing or during the case. The length of the marriage still sets the maximum duration: up to 5 years for marriages under 20 years, 7 years for 20 to 30 years, and 10 years for 30 years or more.

Every ground also requires the property test. A spouse who will receive enough property in the divorce, including his or her separate property, to meet minimum reasonable needs does not qualify, however long the marriage. That is why maintenance and the division of property are usually negotiated together rather than one after the other.

Can I get alimony after being a stay-at-home parent?

Yes, if the other requirements are met. Being a stay-at-home parent is not a ground on its own, but a long marriage, too little property after the divorce and no present ability to earn enough is exactly the situation the 10-year ground covers.

Giving up a career for the family is weighed in two places. Texas Family Code § 8.052 lists homemaker contributions and one spouse's contribution to the other's education, training or earning power among the factors for amount and duration. In the property division, the court can also consider the difference in earning capacity when it divides the community estate in a just and right way.

What happens if I haven't worked in 20 years?

A long absence from work makes maintenance more likely, not certain. The court considers age, work history, education, employment skills and the time and cost of training needed to earn enough income, and whether that training is realistic.

A marriage of 20 to 30 years allows up to 7 years of maintenance, and 30 years or more allows up to 10. Even so, the court must pick the shortest reasonable period that lets the spouse become self-supporting, unless a disability, care of a young child or another compelling impediment keeps that from happening.

Does having a disability affect eligibility for spousal maintenance?

Yes. A spouse who cannot earn enough because of an incapacitating physical or mental disability can qualify regardless of the length of the marriage. Under Texas Family Code § 8.054, maintenance on that ground can continue as long as the spouse still meets the requirements, rather than ending at the usual 5, 7 or 10 years.

The disability has to be proven: medical records, treating providers and evidence of work limits. Caring for a disabled child of the marriage, of any age, is a separate ground with the same open-ended duration.

Can I avoid paying alimony if my spouse can work?

Often, yes. Maintenance depends on the other spouse being unable to earn enough to meet minimum reasonable needs. On the 10-year ground, Texas Family Code § 8.053 presumes maintenance is not warranted unless that spouse has made diligent efforts to earn income or develop the skills to do so while separated and during the divorce.

Evidence of education, licenses, past jobs, job listings and whether the spouse has applied for work goes to this point. A spouse with a disability or the care of a disabled child is assessed differently, since the question there is whether that condition prevents work.

Does adultery affect alimony in Texas?

It can affect the amount and duration, not eligibility itself. Texas Family Code § 8.052 lists marital misconduct, including adultery and cruel treatment, by either spouse among the factors the court considers. A history or pattern of family violence is a separate factor.

Fault can also influence the property division in Texas. How much weight misconduct carries depends on the evidence and the judge, which is one reason it is raised carefully (see contested divorce).

How do I calculate what is fair for spousal support?

Texas has no formula for the amount, only a ceiling. Start with the spouse's minimum reasonable needs, subtract what that spouse can earn and the income his or her share of property will produce, and compare the gap with the cap: the lesser of $5,000 a month or 20% of the paying spouse's average monthly gross income.

A worked approach looks like this: list the spouse's monthly housing, utilities, food, insurance, transportation and health costs; set against them any realistic earnings and the income from assets received in the divorce; and treat the shortfall as the starting request, limited by the cap. The duration then follows from how long retraining or a return to work reasonably takes, within the 5, 7 or 10-year limit.

The rules are the same for husbands and wives: a husband who meets the property test and a statutory ground can receive maintenance from his wife. In high-income cases, the work is in measuring income correctly, especially bonuses and business income, and in building a budget the court will accept. John works with CPAs and financial planners on these numbers. To discuss your situation, contact the office.