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Can a Court Order a Spouse To Pay the Other Spouse Alimony in Texas?

Boyd Family Law April 26, 2023

In Texas, spousal maintenance (also known as alimony) is awarded in limited circumstances and is intended to provide financial support for a spouse who is unable to meet their basic needs after a divorce. In order to qualify for spousal maintenance in Texas, a spouse must meet the following criteria:

  1. Lack sufficient property to provide for their minimum reasonable needs; and

  2. Be unable to earn sufficient income to provide for their minimum reasonable needs because of an incapacitating physical or mental disability, or because they must care for a child who requires substantial care and supervision because of a physical or mental disability.

Additionally, in order to qualify for spousal maintenance in Texas, one of the following conditions must also apply:

  1. The spouse seeking maintenance has been the victim of domestic violence by the other spouse, or;

  2. The marriage lasted for at least ten years, and the spouse seeking maintenance lacks the ability to earn sufficient income to meet their minimum reasonable needs.

It is important to note that the amount and duration of spousal maintenance in Texas are based on a variety of factors, including the length of the marriage, the spouses' earning capacities, and their ability to support themselves following the divorce. If you believe you may be eligible for spousal maintenance, you should consult with an experienced family law attorney who can help you understand your rights and advocate for your interests in court.