Spousal support, often referred to as alimony, is where one spouse provides financial support to the other spouse following divorce or separation. In Texas, spousal support is designed to help a spouse with lower income maintain a standard of living similar to what was enjoyed during the marriage or to assist them in becoming self-sufficient.
Eligibility for Spousal Support in Texas
In Texas, eligibility for spousal support depends on various factors, including the financial needs of the requesting spouse and the ability of the other spouse to pay. Generally, a spouse may be eligible for spousal support if they lack sufficient property or financial resources to meet their minimum reasonable needs and meet one of the following criteria.
- The marriage lasted for at least ten years, and the spouse seeking support lacks sufficient income or assets to meet their needs or care for a child with disabilities.
- The spouse who would be paying has been convicted of domestic violence against the other spouse or the other spouse’s child within two years before the divorce petition was filed or while the divorce is pending.
- The spouse seeking support is unable to earn sufficient income due to a physical or mental disability.
Spousal support in Texas is not automatically granted and is subject to the discretion of the court. The court will consider various factors, including the duration of the marriage, each spouse’s earning capacity, education, age, health, and contributions to the marriage, among others.
Temporary spousal support may be awarded during the divorce proceedings to help a spouse meet their immediate financial needs.
Relevant Law: Tex. Fam. Code § 8.051.
Calculation of Spousal Support in Texas
Unlike some states that have specific formulas for calculating spousal support, Texas does not have a set formula or guideline. Instead, spousal support in Texas is determined on a case-by-case basis, with the court considering various factors to determine the amount and duration of support.
Some of the factors that courts may consider when calculating spousal support in Texas include:
- Each spouse’s financial resources, including income, assets, and earning capacity.
- The education, skills, and work experience of each spouse.
- The length of the marriage and the standard of living established during the marriage.
- The age and health of each spouse.
- Contributions made by each spouse to the marriage, including homemaking and childcare responsibilities.
- Any other relevant factors deemed necessary by the court.
The court has broad discretion in determining the amount and duration of spousal support, and its decision may vary based on the unique circumstances of each case.
Texas law limits the amount of alimony a court can order. Spousal support amounts cannot be more than 20% of the individual’s average monthly gross income or more than $5,000 per month, whichever is less.
Relevant Laws: Tex. Fam. Code § 8.052, Tex. Fam. Code § 8.055.
Conclusion
Spousal support in Texas aims to provide financial assistance to a spouse following divorce or separation. Eligibility for spousal support depends on various factors, including financial need and the ability to pay.
The calculation of spousal support in Texas is determined on a case-by-case basis, with the court considering factors such as each spouse’s financial resources, earning capacity, and contributions to the marriage. The court has broad discretion in determining the amount and duration of spousal support, and its decision is based on the unique circumstances of each case.
