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Is requesting spousal maintenance an option in Texas?

On Behalf of | Oct 18, 2021 | Divorce

Various situations may motivate a spouse to request spousal support as part of their divorce negotiations. A spouse may do because they sacrificed their career to take care of the kids. They may have moved for their husband or wife’s career to an area where they could no longer practice their own. They may have supported their spouse for years while their spouse worked on a degree, expecting that it would benefit them both in the future.

Spousal maintenance can help a spouse maintain the lifestyle that they’d grown accustomed to during their marriage. It can also help a spouse bridge the gap financially as they gain the academic or vocational training necessary to become self-sufficient. 

When can you ask for spousal maintenance in your Texas divorce case?

Eligibility for spousal maintenance

A judge can award spousal maintenance per Texas law provided that the prospective paying spouse can pay and the recipient can show that they aren’t financially self-sufficient. 

You may be eligible for spousal maintenance if your ex is convicted of a crime or if you’re an immigrant who is dependent upon your spouse for financial support. 

A judge may also award you support based on the duration of your marriage. Generally, you’d need to have been married to your spouse for at least 10 years to request spousal support solely on these grounds. It’s likely that the support that you receive in such an instance will only be temporary as you get financially on your feet.

Each spouse’s age and health conditions may also affect how long that support lasts, although you and your spouse may also mutually agree to spousal support as part of your divorce settlement. 

Solid negotiations skills are critical in any property division and spousal maintenance discussions. If you’re unsure how to aggressively pursue what you want and need to secure your financial future moving forward, don’t be afraid to seek help.


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