How Long Does Spousal Support Last in Texas?

Dealing with the challenges of divorce can be a very difficult time for couples, especially when financial issues like spousal support must be considered. One question most divorcing couples in Texas worry about is, “How long does spousal support last in Texas?”

Texas has a unique way of handling spousal support, different from many other states in the United States. In this article, we’ll walk you through the key factors that determine how long spousal support lasts in Texas, including court-ordered maintenance and contractual alimony. You’ll gain a clear understanding of the process so you can move forward with clarity and confidence.

What Is Spousal Support in Texas?

In Texas, spousal support is also referred to as spousal maintenance or alimony. It is financial support that one spouse pays to the other during or after a divorce to help them maintain their standard of living.

Who Is Eligible for Spousal Support in Texas?

To be eligible for spousal support in Texas, the requesting (receiving) spouse must prove that they lack sufficient income or resources to meet their minimum reasonable needs, and must meet at least one of the following conditions:

1. The marriage lasted at least 10 years.
2. The requesting spouse cannot earn sufficient income due to a physical or mental disability.
3. The requesting spouse is the primary caretaker of a child with a disability that requires substantial care, limiting their ability to earn income.
4. The other spouse was convicted of family violence against the requesting spouse or their child.

Types of Spousal Support in Texas

There are two main types of spousal support in Texas:

1. Court-Ordered Spousal Maintenance

This type of support is determined and mandated by a Texas court during divorce proceedings.

2. Contractual Alimony

This is a mutual agreement between both spouses and allows for more flexibility in terms of payment amount and duration.

How Much Spousal Support Can Be Awarded in Texas?

Texas law sets a cap on spousal maintenance. The court may order the lesser of:

– $5,000 per month, or
– 20% of the paying spouse’s average gross monthly income

Factors Considered by the Court

Before awarding spousal support, the court considers several factors, including:

1. The income and earning capacity of both spouses
2. The age and physical/emotional health of each spouse
3. The duration of the marriage
4. The financial resources and employability of the spouse seeking support

What If a Spouse Refuses to Pay Court-Ordered Support?

If the paying spouse fails to meet their obligation, the receiving spouse can file a motion to enforce the spousal support order. Legal penalties, including wage garnishment or contempt of court, may apply.

How Long Does Spousal Support Last in Texas?

The duration of court-ordered spousal maintenance in Texas is generally based on the length of the marriage:

• 10 to 20 years: Up to 5 years
• 20 to 30 years: Up to 7 years
• 30 years or more: Up to 10 years

Can Spousal Support Be Modified or Terminated?

Yes. Court-ordered spousal maintenance can be modified or terminated if there is a significant change in circumstances, such as:

• The receiving spouse remarries
• A material change in either spouse’s financial situation

Contractual alimony, however, can only be modified if both parties agree to the new terms.

Final Words

Spousal support is available in Texas, but the rules can be complex. If a valid prenuptial agreement addresses spousal support, the court will generally enforce it, provided it is fair and legally enforceable.

Note: Spousal support is only available to legally married couples. If you’re not eligible for spousal support, you may still be able to pursue child support or other financial remedies such as palimony agreements (where applicable).

Schedule a Consultation with the Law Office of John Nwosu

Are you preparing for divorce and concerned about spousal support? The Law Office of John Nwosu is here to help.

📞 Call us today to schedule a confidential consultation with our experienced family law attorneys. We will guide you through every step of the process and help you advocate for your financial future and legal rights.