Can I Get Spousal Support in Texas?

Spousal support is also referred to as spousal maintenance and alimony. This is when one spouse has to pay the other spouse, usually monthly, for their support. If you are seeking spousal support, you must prove one of the four bases required by Texas law.

1. You were married for ten years or longer AND you do not earn enough to provide for your basic needs.

You must be able to prove you and your spouse have been married for ten years or longer. Ten years is measured from the date of marriage to the date of trial. You do not have to be married for ten years at the time the petition is filed or on the date you were separated.

You must be able to prove that what you earn is not enough to provide for your minimum needs. You must show that you are putting in effort and developing skills to try to earn a sufficient income to provide for your needs. You can also prove to the court you are trying to provide for yourself by limiting your expenses, selling any property you may own, using your inheritance, and taking out loans.

2. Your spouse committed family violence.

To meet this requirement, you must prove (1) your spouse committed violence against you or your child/children, (2) it took place within two years before the divorce was filed or while the divorce suit has been pending, and (3) your spouse was convicted or received deferred adjudication for the family violence.

3. You have a disability AND you do not earn enough to provide for your basic needs.

Disability for spousal support is not defined in the same manner as disability for disability benefits. Your own words in court may be enough to prove you have a disability. You do not need expert witnesses to testify on your behalf. However, you must prove that your disability prevents you from earning enough income to meet your minimum needs. Unlike the first base above, you do not need to prove to the court that you are trying your hardest in developing skills to earn sufficient income. As an example, a Texas court ordered spousal support for a woman who proved she suffered from a “near nervous breakdown,” had a torn meniscus, and breast cancer.

4. You care for your disabled child AND caring for your disabled child prevents you from earning sufficient income.

To meet this standard (1) the child must be from the marriage, (2) the child can be any age, (3) the child must be disabled and require substantial care, and (4) you must prove that caring for the child prevents you from earning enough income to provide for your basic needs.

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