Texas law generally limits when courts can award spousal support after divorce, primarily based on how long the couple has been married and the requesting spouse’s financial need. How long do you have to be married to get spousal support in Texas? In most cases, Texas law requires that a couple be married for at least 10 years before a spouse becomes eligible for court-ordered support. However, important exceptions to this rule exist, allowing abused spouses, those with little to no earning capacity, those who are physically or mentally disabled, or those who provide full-time care for a disabled child to qualify for support earlier.
At The Stout Law Firm, PLLC, our experienced Houston divorce lawyers help clients understand their rights and pursue favorable financial outcomes in divorce. We exclusively practice family law and are committed to providing clear, compassionate guidance in every case.
Spousal Support in Texas
In Texas, spousal support (or alimony) is referred to as “spousal maintenance.” Spousal maintenance is a court-ordered payment that one spouse makes to another after a divorce. In Texas, spousal maintenance provides financial support to spouses who cannot independently meet their reasonable minimum needs after divorce.
Eligibility Requirements
Before awarding spousal maintenance, Texas law generally requires courts to conclude that the requesting spouse:
- Will lack sufficient resources after the divorce to provide for their own minimum reasonable needs, which typically include essentials like housing, utilities, food, transportation, and basic healthcare; and
- Has made diligent efforts to earn income or develop skills to support themselves, such as seeking employment, attending job training, or pursuing education to improve job prospects.
The court next evaluates whether to award maintenance by balancing the financial situations of both spouses while encouraging the receiving spouse to become self-supporting within a reasonable time. Courts decide whether to award support, how much, and for how long, based on several different factors, including:
- The length of the marriage;
- Each spouse’s age and health;
- Employment history, education, and earning capacity;
- Contributions to the household, including as a homemaker or stay-at-home parent;
- Marital misconduct, such as cruelty or adultery, that may have contributed to the breakdown of the marriage;
- Property each spouse brought to the marriage; and
- Efforts to pursue training or education during the marriage.
For a spouse to qualify for maintenance, the couple must have been married for at least 10 years unless the requesting spouse meets an exception.
Exceptions to the Length of Marriage Requirement
A court can award spousal maintenance regardless of the length of the marriage in marriages involving:
- Family violence conviction. If the paying spouse was convicted of a family violence offense against the requesting spouse or the requesting spouse’s child within two years of the divorce filing, the court can award support regardless of the length of the marriage. Family violence includes actions intended to result in physical harm, bodily injury, sexual assault, or threats to inflict those harms.
- Disability. A spouse with a severe physical or mental disability may be eligible for support, regardless of the length of the marriage. The disability must be incapacitating and prevent the spouse from working and meeting their minimum reasonable needs.
- Caring for a disabled child. When a spouse must stay home to care for a child of the marriage with significant disabilities, they may qualify for support regardless of the length of their marriage. Generally, the child must require a level of care that makes outside employment unreasonable.
Under Texas spousal maintenance laws, the court still considers various factors, like the length of the marriage and the education and employability of the spouses, in determining the amount, duration, and manner of spousal maintenance payments.
Duration and Amount Limits on Spousal Support
Texas law limits the length and amount of spousal maintenance payments. The maximum monthly amount is the lesser of $5,000 or 20% of the paying spouse’s average gross monthly income.
The duration of support depends primarily on the length of the marriage:
- 10 to 20 years of marriage qualify for up to 5 years of support payments;
- 20 to 30 years of marriage qualify for up to 7 years; and
- 30+ years of marriage qualify for up to 10 years.
For marriages less than 10 years that meet an exception, maintenance can last:
- As long as the incapacitating condition exists in cases involving disability; and
- As long as the parent continues to care for a child with disabilities.
For the exceptions that do not limit length, the court may order that the spouses periodically return to court to verify whether maintenance remains necessary.
Negotiating Spousal Support Through Mediation or Settlement
Many divorcing spouses choose to resolve support issues out of court through negotiation and mediation. In mediation, a neutral third party leads the spouses to negotiate to help them reach a mutual agreement. Spouses can also work through their attorneys to informally negotiate their divorce, including support terms.
Once the couple creates a written settlement agreement where one spouse agrees to pay spousal support for a period of time, they can submit the final agreement to the court for approval. Courts generally approve settlement agreements as long as they are not grossly unfair.
So, How Long Do You Have to Be Married to Get Spousal Support in Texas?
Usually, you must be married for at least 10 years to qualify for court-ordered spousal maintenance in Texas. However, the court may award support after a shorter marriage if there is a history of family violence, a spouse has a physical or mental disability, or one spouse is caring for a disabled child.
But how long do you have to be married to get spousal support through negotiation or mediation? Texas law does not limit mutually agreed-upon spousal support by the length of marriage, however most spouses agree to terms based on what a court might order.
Talk to a Houston Divorce Lawyer About Spousal Support Options
At The Stout Law Firm, PLLC, we understand how stressful financial uncertainty can be during and after a divorce. Our team is here to provide straightforward legal advice and effective representation. We can evaluate eligibility for maintenance, explore settlement and mediation options, and advocate for you in court when necessary.
You do not have to navigate this process alone. Contact The Stout Law Firm, PLLC today to learn how we can help.
Resources:
Texas Family Code § 8.051, link.
Texas Family Code § 8.052, link.
Texas Family Code § 8.053, link.
Texas Family Code § 8.054, link
Texas Family Code § 8.055, link.
Texas Family Code § 71.004, link.
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