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Divorce isn’t just about dividing property or time with children. Finances play a big part, especially when one spouse earned less or stepped away from work. In same-sex divorces, deciding spousal support can raise questions that don’t always have clear answers. The court looks at income, marriage length, and ability to meet basic needs—but past obstacles like delayed marriage rights can complicate things.
Understanding Spousal Support in Texas
Texas law allows spousal maintenance in limited situations. Unlike some other states, Texas does not automatically grant support. The requesting spouse must meet strict criteria, and the judge uses multiple factors before approving it.
Judges look at:
- The length of the marriage
- Each spouse’s ability to earn income
- Efforts to find employment or develop skills
- Age and health of both parties
- Any history of family violence
For same-sex couples, this creates an added issue. Some relationships lasted for years before legal marriage became available in 2015. The court may only consider the legal marriage, even if the couple shared a household and finances long before that.
Legal Marriage Date vs Relationship Length
This is one of the biggest challenges in deciding spousal support for same-sex divorces. Texas courts base support eligibility on the number of years the couple was legally married. If a couple shared life as partners for 20 years but only legally married for 5, the court often limits support calculations to the legal marriage.
That can reduce or eliminate the chance for long-term maintenance. This issue often feels unfair, especially for spouses who stepped away from careers to support the other partner or raise children.
Who Qualifies for Spousal Support?
To request support in Texas, a spouse must meet one of these conditions:
- The other spouse was convicted of family violence within two years of filing
- The spouse seeking support cannot earn enough due to physical or mental disability
- The couple was married at least 10 years, and the spouse lacks the ability to support themselves
- The spouse has custody of a disabled child and cannot earn enough income
The judge may grant temporary or long-term support depending on how well the requesting spouse proves the need.
Common Reasons Spousal Support Is Granted
- One spouse gave up a career for the relationship
- The spouse cannot find work due to age or health
- The spouse supported the other’s career or education
- There’s a large difference in earning power
In same-sex divorces, judges follow the same logic. Still, the short legal marriage period often works against couples who built their lives before same-sex marriage was legal.
Types of Spousal Support in Texas
Texas uses two main types of spousal support:
1. Spousal Maintenance
This is court-ordered support after divorce. The law limits how long the paying spouse must provide it. Maximum durations depend on the length of the marriage:
- 5 years for marriages of 10–20 years
- 7 years for 20–30 years
- 10 years for over 30 years
The support usually cannot exceed 20% of the paying spouse’s gross monthly income or $5,000, whichever is lower.
2. Contractual Alimony
This is a private agreement between spouses. It does not follow court guidelines and allows more flexibility. In some same-sex divorces, this may offer a better option. Both sides can agree on the amount and terms—even if the marriage was short.
Proving the Need for Support
The burden falls on the spouse asking for support. That person must show financial need and a lack of ability to meet basic expenses. In same-sex divorces, it helps to include as much detail as possible about the shared life before legal marriage.
Documents may include:
- Shared lease agreements
- Joint bank accounts
- Photos or messages showing a long-term partnership
- Proof of caregiving or lost career opportunities
Judges cannot officially count these toward the marriage length. Still, some may view this context as part of the couple’s financial story.
Common Challenges in Same-Sex Spousal Support Cases
Short Legal Marriage
Even if the relationship lasted decades, Texas courts still only count the time after the wedding date. That affects support eligibility and duration.
Uneven Power Dynamics
Some same-sex couples face pressure to stay in unhealthy relationships due to financial dependence. If one spouse handled all income, the other might struggle to support themselves after separation.
Health or Age Gaps
In older same-sex couples, one partner may not qualify for spousal support due to marriage length, even if they cannot re-enter the workforce.
Tips for Seeking Spousal Support
- Document the full history
Include personal and financial records that show long-term commitment. - Request a contractual agreement
This works best when both sides want a fair resolution and don’t meet the court’s criteria. - Highlight sacrifices
If one spouse gave up a career or education for the relationship, share clear evidence. - Work with a divorce attorney
An attorney can help argue for fair treatment despite limits in the law.
Can You Modify or End Support?
Yes. Either spouse can file a motion to change or end the support. Common reasons include:
- A significant change in income
- The receiving spouse gets a job
- The paying spouse loses employment
- The receiving spouse remarries or lives with a new partner
Texas courts allow these updates if the change is material and affects financial stability.
Final Thoughts
Spousal support in same-sex divorces follows the same Texas laws as other cases, but the outcome may feel less balanced. Judges must work within strict guidelines, even if the couple built a life long before the legal marriage date.
While the court won’t always recognize those early years, couples can still find paths toward fair support through strong documentation or private agreements. Understanding your options can help you protect your future, especially when financial stability hangs in the balance.
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FAQs
In jurisdictions that recognize same-sex marriage, same-sex couples are generally entitled to spousal support in the same manner as heterosexual couples.
Yes, same-sex couples, like heterosexual couples, can negotiate their own spousal support agreement outside of court. This allows the parties to have more control over the outcome and tailor the agreement to their specific needs and circumstances.
Addressing biases and prejudices requires ongoing education, awareness, and training within the legal system. It is important for judges and decision-makers to recognize and challenge their own biases to ensure equitable outcomes. Legal professionals, including judges, lawyers, and mediators, should receive education on LGBTQ+ issues, cultural sensitivity, and the unique challenges faced by same-sex couples during divorce proceedings.
The ability to seek retroactive spousal support for periods before the marriage was legally recognized may vary depending on the jurisdiction and its specific laws. In some cases, the court may consider the period of cohabitation or de facto marriage when determining spousal support.
It is possible for a same-sex partner who was not financially dependent during the marriage to be entitled to spousal support.
