Can I Get Spousal Support After My Divorce?
If you’re getting divorced in Texas, you might be wondering if you can get some financial help from your ex-spouse after the divorce is finalized. This financial help is called spousal maintenance (also known as alimony). Here’s what you need to know:
When Can You Get Spousal Maintenance?
According to Texas Family Code § 8.051, you might be able to get spousal maintenance if:
- You don’t have enough money or property to take care of your minimum reasonable needs after the divorce, and
- One of these situations applies to you:
- You’ve been married for at least 10 years and can’t earn enough to support yourself;
- You have a disability that stops you from working;
- You’re taking care of a child with a disability; or
- Your spouse was convicted or received deferred adjudication for acts of violence towards you or your family within two years before the divorce filing or during the divorce process.
How Long Can You Get Payments?
Texas Family Code § 8.054 sets the following limits on how long you can receive payments, depending on how long you were married:
- Married 10-20 years: up to 5 years of payments
- Married 20-30 years: up to 7 years of payments
- Married 30+ years: up to 10 years of payments
If you have a disability or are caring for a child with a disability, you might get payments for longer.
How Much Can You Get?
Texas Family Code § 8.055 caps the amount you can receive. The most you can get is $5,000 per month or 20% of your ex-spouse’s monthly income, whichever is less.
What Does the Court Consider?
When deciding about spousal maintenance, Texas Family Code § 8.052 says the judge will look at things like:
- Your ability to support yourself;
- Your education and job skills;
- How long you were married;
- Your age and health;
- Whether an ex-spouse can reasonably afford spousal maintenance along with child support;
- Property brought into the marriage by either spouse;
- A spouses contributions to the education, training, or increased earning power of the other spouse;
- Your contributions to the marriage (like being a homemaker);
- Any bad behavior or marital misconduct during the marriage.
What Should I Do?
If you think you might need spousal maintenance after your divorce, it’s a good idea to talk to a lawyer who knows about family law in Texas. They can help you understand if you qualify under Texas law and can guide you through the process. Remember, every situation is different, and the court will look at your specific circumstances when making a decision. The attorneys at Grinke Stewart Law are here to help you. Give us a call at (469) 598-2001.
