Who Qualifies For Spousal Maintenance in Texas?

To qualify for spousal maintenance in Texas, you must prove that you cannot provide for your own basic needs after a divorce without assistance from your ex-spouse. However, that is not the only condition you must meet to receive these court-ordered payments.

If you believe that you may qualify for support, our divorce attorneys could help you understand the eligibility requirements of this legal agreement. Here is a guide to learn about state laws regarding spousal maintenance.

What Are the Basic Needs Requirements and Other Qualifying Factors?

Texas state laws clearly state that to qualify for spousal support after a divorce, you must prove that you cannot meet your minimum reasonable needs without assistance. A lack of sufficient property, including your fair share of marital assets, could be enough to establish eligibility. However, you must also meet other qualifying factors to receive financial assistance through spousal support.

There are several additional qualifying factors that the court requires before awarding spousal maintenance. You must have either a mental or physical disability that prevents you from earning a livable wage or lack sufficient education to pursue a career. If your spouse has a conviction for a violent crime against you or your children within the last two years, you may also qualify for assistance. However, you must have been married to your spouse for at least 10 years to be eligible for maintenance payments, regardless of the other factors.

How Long Spousal Maintenance Lasts

If you meet all of the state family court system’s requirements for spousal support, a court will then determine how long this financial assistance will last for you. Unfortunately, these payments are temporary, and the duration is typically determined based on the length of your marriage.

If you and your spouse were wed at least 10 but less than 20 years ago, you could qualify for up to five years of payments. If you have been married for between 20 and 30 years, you may be able to prolong support payments for up to seven years, depending on approval from a judge. If you are divorced after a marriage of 30 years or longer, you may be eligible for financial assistance for up to 10 years.

Talk to an Attorney Who Understands Texas Spousal Maintenance Qualifications

If you meet all of the qualifying conditions for spousal maintenance under Texas law, reach out to our office for assistance. Our dedicated family law team is located in the state capital and proudly serves the LGBTQIA+ community. At Kimbrough Legal, PLLC, we would do everything the law allows to uphold your rights. Additionally, our team’s technology skills enable us to support you even more forcefully in managing the present and securing your future. Call us today to discuss your case.