Dallas Spousal Maintenance Attorney

In Texas, a spouse who has not worked for 10 years or longer may be eligible for spousal maintenance (commonly referred to as alimony) after a divorce, particularly if the marriage lasted at least 10 years. However, eligibility and duration depend on specific legal criteria and the discretion of the court.​

Eligibility for Spousal Maintenance

Eligibility for Spousal Maintenance

Under Texas law, to qualify for spousal maintenance after a marriage of 10 years or more, the requesting spouse must demonstrate that they lack sufficient property or income to meet their minimum reasonable needs and meet at least one of the following conditions:​

• They are unable to earn sufficient income due to a physical or mental disability.​ Divorce Attorney in Houston.
• They are the primary caretaker of a child of the marriage who requires substantial care due to a physical or mental disability, which prevents them from earning sufficient income.​ Bacalis Divorce Law
• They have made diligent efforts to earn sufficient income or develop the necessary skills to provide for their minimum reasonable needs during the separation and while the divorce is pending.​ Houston Divorce 

It's important to note that even if these conditions are met, the court has discretion and may consider other factors, such as the education and employment skills of both spouses, the duration of the marriage, the age and health of the requesting spouse, and contributions as a homemaker.​

Duration of Spousal Maintenance

The duration of spousal maintenance in Texas is generally limited based on the length of the marriage:​

• 10 to 20 years of marriage: Maintenance may be awarded for up to 5 years.​
• 20 to 30 years of marriage: Maintenance may be awarded for up to 7 years.
• 30 years or more of marriage: Maintenance may be awarded for up to 10 years.​

However, the court is required to limit the duration to the shortest reasonable period that allows the spouse seeking maintenance to earn sufficient income to provide for their minimum reasonable needs, unless the spouse's ability to provide for these needs is substantially or totally diminished due to physical or mental disability, duties as the custodian of an infant or young child of the marriage, or another compelling impediment.​

In cases involving a spouse with a disability or the caretaker of a disabled child, the court may order maintenance for as long as the spouse continues to satisfy the eligibility criteria.​ Texas Statutes

Amount of Spousal Maintenance

The amount of spousal maintenance that a court may order is capped at the lesser of:​  Family Law

• $5,000 per month, or​ Texas Statutes
• 20% of the paying spouse's average monthly gross income.​ Law Office of Brett H. Pritchard

These limits are set to ensure that maintenance orders are fair and within the paying spouse's ability to pay.​

Conclusion

If you have not worked for 10 years or longer and are seeking spousal maintenance in Texas, your eligibility and the duration of support will depend on various factors, including the length of your marriage, your ability to meet your minimum reasonable needs, and any disabilities affecting you or your child. It's advisable to consult with a family law attorney to assess your specific situation and to help you navigate the legal process

Call (888) 867-5191 to protect your family's interests. Schedule a case evaluation.