Not everyone qualifies for alimony in Texas. In fact, the law sets strict rules about who can receive financial support after a divorce. Texas courts do not order alimony directly. Instead, they may order spousal support (also called spousal maintenance) if you meet specific requirements.
Do you qualify for spousal support?
To qualify for spousal support in Texas, you must prove that you cannot cover your basic needs after the divorce. One of the following situations must also apply:
- Disability: you have a physical or mental condition that prevents you from working.
- Caring for a disabled child: you care for a child from the marriage who has a physical or mental disability and needs constant attention.
- Long-term marriage: your marriage lasted at least 10 years.
- Family violence: the court convicted your spouse of family violence within two years before the divorce or during the divorce process.
The court will also look at factors like your age, health, work history, and contributions to the marriage. If you do not meet the eligibility criteria, the court will not grant spousal support.
How much and how long can you receive support?
The amount and duration of spousal support depend on how long you were married:
- Less than 10 years (if family violence occurred): Up to 5 years
- 10 to 20 years: Up to 5 years
- 20 to 30 years: Up to 7 years
- Over 30 years: Up to 10 years
- Indefinitely: If you or your child have a disability
The amount of support cannot exceed $5,000 per month or 20% of the paying spouse’s average monthly income, whichever is less.
What about unmarried partners?
If you were not legally married, you usually cannot get alimony. Texas law does not recognize “palimony” for unmarried couples. But if you qualify as a common-law spouse, you may still be eligible. You must prove that you lived together, agreed to be married, and presented yourselves as a married couple.
If you are unsure whether you qualify, consider speaking with a family law attorney. They can help you understand your rights and your best options moving forward.