Spousal Maintenance

Texas permits Spousal Maintenance, other states call it Alimony.  To qualify for Spousal Maintenance under the Texas Family Law, you need to be married for at least 10 years or there was spousal abuse, AKA family violence, within 2 years of the divorce, or a medical issue during the marriage that prevents a spouse from finding employment.  See Texas Family Code 8.051

It is a rebuttable presumption that spousal maintenance is not warranted unless the spouse requesting the maintenance has exercised diligence in attaining suitable employment (and been unsuccessful thus far) OR they are developing the necessary skills to support themselves during separation.  See Texas Family Code 8.053.  This means a Court would start from the presumption that spousal support is not warranted.

If you are married for ten years or more, or have been the victim of family violence or have medical complications the prevents you from working, then you have the right to request spousal maintenance.  Whether you receive any, and how much you would receive for what length of time, is highly dependent on your circumstances.  The length of time for any support is between 5 and 10 years, depending on the length of marriage.  You should contact an attorney who knows the details of the law and local judicial demeanor in order to assess your situation. 

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