Angleton Spousal Support Lawyers

Spousal Support Qualifications in Texas

Texas spousal support is not automatically granted and is subject to strict eligibility criteria. 

Courts will review the following to determine this issue:

• Duration of the marriage: Generally, the marriage must have lasted at least 10 years for one spouse to qualify for spousal support. However, exceptions for shorter marriages may be available under specific conditions.
• Financial need: To meet their minimum reasonable needs, the requesting spouse must demonstrate a lack of sufficient property, including separate property.
• Ability to pay: The other spouse must be financially able to pay the spousal support.

In long-term marriages where one spouse claims financial need but lacks other qualifying factors, the court generally presumes that spousal maintenance is not warranted. This applies unless the requesting spouse can demonstrate diligent efforts to become self-sufficient. These efforts include securing employment or developing necessary skills during the separation and divorce proceedings.

Specific Conditions Impacting Spousal Support Eligibility:

• Disability: If the requesting spouse has a physical or mental disability that impairs their ability to earn sufficient income, they may be eligible for spousal support regardless of the marriage's duration.
• Domestic violence: When a spouse has been convicted or received deferred adjudication for a family violence offense against the requesting spouse or their child, spousal support may be awarded. The conviction must have occurred within two years of the divorce filing or while the case is pending.
• Caring for a child with special needs: If the requesting spouse is the primary caretaker of a child from the marriage with a physical or mental disability requiring substantial care and supervision, they may qualify for spousal support.

What Factors Do Courts Consider in Determining Spousal Support? 

Courts review many other factors in determining whether spousal support should be awarded. They evaluate both spouses' financial resources, including their ability to meet their needs independently. They also consider both spouses' educational background, employment skills, employment history, and the time the requesting spouse needs to acquire sufficient education or training to become financially independent.

The physical and emotional condition of both spouses is considered, with particular attention to any disabilities or health concerns. Contributions as a homemaker, contributions to the education or career advancement of the other spouse, or any other contributions to the marriage are considered.

Marital misconduct, such as adultery or cruel treatment, can influence the court's decision on spousal maintenance. The division of property in the divorce, including the awarding of the family home, is also considered to determine the need for spousal support.