Texas Spousal Support Lawyer

Alimony is also called spousal support and is referred to as spousal maintenance in the Texas Family Code. For couples facing divorce, alimony may be an issue to address with a spousal support lawyer. In short-term marriages, a spouse is usually not eligible for spousal maintenance. Under Texas alimony laws the courts only grant spousal maintenance to divorcing couples married for 10 years or longer, with one exception. If your spouse has been convicted of domestic violence, you may be eligible for spousal maintenance. 

Eligibility for Spousal Maintenance

Chapter 8 of the Texas Family Code outlines conditions that define eligibility for spousal maintenance. The following is an explanation in plain language of what it takes to be eligible for spousal maintenance in Texas:

• Family Violence - The Court may order maintenance if the spouse that is to pay the maintenance has been found guilty or placed on community supervision for a charge of family violence within the two years of the request.
• The Court may also order maintenance if:
  1. The marriage was at least 10 years long, and
  2. The spouse to receive the maintenance lacks sufficient property to provide for the spouse's minimal needs
• If 1 and 2 are true then the court can order maintenance in the following three situations:
  • The spouse cannot support himself or herself because of an incapacitating mental or physical disability; or
  • The spouse is the custodian of a child that needs substantial personal care and supervision because of a mental or physical disability and providing such care prevents the spouse from being employed outside the home, or
  • The spouse clearly lacks the earning ability to maintain the minimum required to meet the spouse's basic needs.

Texas Family Code Chapter 8

Arrange a Free Consultation

Family law attorneys at Hayes, Berry, White & Vanzant, L.L.P can answer your questions concerning alimony or spousal support during or after your divorce. As a Denton law firm, we provide legal help to clients in Gainesville, Lewisville, Frisco, and many other communities throughout Texas. We encourage you to arrange a consultation to learn about your rights regarding spousal maintenance. See how we can help.