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Deciding to award spousal maintenance in Texas is far from automatic. Courts follow strict legal guidelines and consider multiple factors before granting support. Not every spouse qualifies, and the burden falls on the requesting party to prove eligibility. Judges examine the length of the marriage, each spouse’s financial resources, education, work history, and contributions to the household—especially in cases where one spouse stayed home or earned significantly less. Once eligibility is established, the court determines the amount and duration of support based on what’s fair and reasonable. Deciding to award spousal maintenance can significantly impact the financial future of both parties, making legal preparation and strategy essential.
Basic Eligibility Requirements in Texas
Before a judge looks at any deeper factors, the requesting spouse must meet one of the following eligibility criteria:
1. The marriage lasted at least 10 years, and the spouse cannot earn enough to meet basic needs.
This is one of the most common grounds for requesting maintenance. The court looks for proof that the spouse made efforts to become self-supporting but still falls short.
2. The other spouse was convicted or received deferred adjudication for family violence.
This must have occurred within two years of the divorce filing or during the divorce itself.
3. The requesting spouse has a physical or mental disability that prevents employment.
Medical records and expert testimony may be needed to support this claim.
4. The spouse is caring for a child with a physical or mental disability.
If the child’s care prevents the parent from working, the court may approve maintenance.
If none of these apply, the judge won’t award maintenance—no matter the financial gap.
Key Factors Judges Review
Once a judge determines eligibility, they move to the next step: evaluating how much support to award and how long it should last. This decision isn’t random. Texas law outlines several factors that help judges make fair and balanced decisions.
Duration of the Marriage
Longer marriages carry a stronger case for spousal maintenance. Judges are more likely to award it when one spouse gave up a career or education to support the other or care for the family. In shorter marriages, the court expects both spouses to return to self-supporting roles quickly.
Financial Resources and Property Division
The judge looks at what each spouse receives in the divorce. If the lower-earning spouse gets significant property or assets, the court may decide that maintenance isn’t necessary. On the other hand, if the higher-earning spouse keeps most of the marital income and property, that might weigh in favor of support.
Education and Employment Skills
A spouse with limited job experience, outdated training, or no college degree may struggle to re-enter the workforce. The judge considers how long it might take them to gain skills or find employment. They also factor in the availability of jobs and the cost of education or training.
Time Needed to Become Self-Supporting
Some spouses can find work quickly. Others need months or years to build a new career. Judges estimate a realistic timeline for that transition. They may award support temporarily to cover living expenses during that adjustment period.
Contributions to the Other Spouse’s Career
Courts often reward sacrifices made during the marriage. If one spouse worked while the other earned a degree, or stayed home with children to allow the other to advance, those contributions count. The judge considers how much one spouse supported the other’s career at the cost of their own.
Marital Misconduct
Texas judges can consider behavior like adultery, cruelty, or abuse. While Texas is a no-fault divorce state, misconduct can influence financial decisions. If one spouse’s actions led to the breakdown of the marriage, the court may weigh that during the maintenance review.
Age and Health of Each Spouse
Health matters. A judge reviews medical records and testimony to determine if age or illness prevents one spouse from working. Chronic health problems or disability may support a claim for longer or ongoing maintenance.
Caregiving Responsibilities
If the requesting spouse provides full-time care for a child with special needs, they may not be able to work. Judges look at how much time and effort caregiving takes and whether it blocks employment opportunities.
Limits on Amount and Duration
Texas places strict limits on spousal maintenance. Judges cannot award more than 20 percent of the paying spouse’s average monthly gross income, and that amount cannot exceed $5,000 per month.
Standard Duration Guidelines
- 5 years if the marriage lasted 10 to 20 years
- 7 years if the marriage lasted 20 to 30 years
- 10 years if the marriage lasted over 30 years
The court can make exceptions if the spouse cannot become self-supporting due to disability or full-time caregiving.
Maintenance usually ends if the receiving spouse remarries or cohabits with a new partner in a relationship similar to marriage. It can also end if either party dies.
How to Support a Request for Maintenance
If you’re asking for spousal maintenance, be prepared to show:
- Detailed budgets of your monthly expenses
- Evidence of job search efforts or enrollment in training programs
- Medical documentation, if illness or disability prevents work
- Proof of caregiving duties, if applicable
- Past earnings history and education level
The court wants to see that you’ve tried to support yourself and that the gap is real.
How to Challenge a Request
If you’re opposing spousal maintenance, gather:
- Evidence that your spouse can earn a living
- Documentation of past job experience
- Proof of property or assets awarded in the divorce
- Examples of spending that may show financial stability
Judges want accurate, detailed information. Showing that your spouse has options makes a stronger case for denial or a reduced amount.
Final Thoughts
Deciding to award spousal maintenance in Texas involves more than just financial imbalance—it requires meeting specific legal standards. Unlike some states, Texas does not guarantee spousal support. Courts only award it when the requesting spouse clearly qualifies under the law and demonstrates genuine need. Even then, the support is typically limited in both duration and amount. Judges carefully evaluate factors like income, employment history, health conditions, contributions to the marriage, and caregiving responsibilities. The goal is to provide temporary stability to a lower-earning spouse after divorce—without placing an unreasonable burden on the other party. Deciding to award spousal maintenance reflects a balance between fairness, necessity, and long-term self-sufficiency.
Need Legal Help with Spousal Maintenance?
If you’re requesting or opposing spousal maintenance in Texas, get legal guidance early. The right preparation helps you present a stronger case. Contact our office today to schedule a consultation and protect your financial future.
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