Although divorce cases have decreased across the US from 2012 to 2022, there are still thousands of couples who end up being divorced. Divorce changes everything, especially your financial future. In Texas, spousal support isn’t automatic. It’s based on real, specific conditions. If you’ve been financially dependent or made sacrifices for your family, you might qualify.
However, when it comes to eligibility factors for spousal support, it’s not just about who earned more. The court looks at the whole picture; your marriage length, your role at home, and your ability to support yourself now.
Let’s break down exactly who qualifies and why it matters.
What Is Spousal Support in Texas?
Spousal support is financial assistance that one spouse may have to pay the other after divorce. It is meant to help a lower-earning spouse meet basic needs until they can become self-sufficient. Texas courts refer to this as “maintenance” and apply very specific rules.
Who Is Eligible for Spousal Support?
The court does not automatically award support based on income differences alone. The person requesting support must meet at least one of the following legal requirements:
1. The Supporting Spouse Was Convicted of Family Violence
If a spouse was convicted of or received deferred adjudication for family violence against the other spouse or child within two years before the divorce was filed, the other spouse may qualify for support.
2. The Marriage Lasted 10 Years or More
The requesting spouse must show that they:
- Lack of the ability to earn enough to meet basic needs
- Have made reasonable efforts to become self-supporting
3. The Requesting Spouse Has a Disability
If the spouse seeking support has a physical or mental disability that prevents them from earning a living, the court may award spousal maintenance for a longer period.
4. The Couple Has a Disabled Child
If the couple’s child has a physical or mental disability and the caregiving parent cannot work because of the child’s needs, support may be granted.
What Do Courts Consider Before Awarding Support?
Even if you meet the legal eligibility for spousal support, the court looks at many other factors, including:
- Length of the marriage
- Financial resources of both spouses
- Age and health of the spouses
- Education and work skills
- Time needed for training or education
- Contributions to the household (raising children, supporting a spouse’s career)
- Misconduct during marriage (such as infidelity or hiding assets)
These factors help the court decide how much support is fair and how long it should last.
How Long Does Spousal Support Last in Texas?
Spousal support in Texas is limited by law. It typically lasts:
- 5 years for marriages lasting 10–20 years (or if family violence occurred)
- 7 years for marriages lasting 20–30 years
- 10 years for marriages lasting over 30 years
Support can last longer in cases involving disability or disabled children. However, even then, the court will review the situation regularly to see if support is still needed.
What If You’re Divorcing After a Common Law Marriage?
Common law marriage is legal in Texas. If your relationship meets the legal requirements, it counts just like a formal marriage. That means you may also qualify for support. A common law divorce attorney can help prove the relationship if it’s disputed.
Spousal Support in Contested vs. Uncontested Divorce Cases
In contested divorce cases, one spouse often requests support and the other disagrees. These cases may require evidence, witnesses, and a hearing.
In uncontested divorce cases, both spouses agree on support terms, and the court usually approves the agreement — if it’s fair.
Either way, having a spousal support attorney in Houston ensures you meet all legal steps and present your case correctly.
Do You Need a Spousal Support Attorney?
Yes—especially in Texas. Since the laws are strict, you need to show clear evidence.
A skilled spousal support lawyer will help you:
- Understand if you qualify
- Collect the right documents
- Build a strong case
- Represent your interests in court
If your spouse is trying to avoid paying support or is making unfair demands, legal help is essential.
Call Expert Spousal Support Lawyers from Daniel Ogbeide Law for Trusted Support
If you’re going through a divorce in Houston and have questions about spousal support, don’t wait. The spousal support lawyers at Daniel Ogbeide Law are here to guide you with clarity and care. We offer personalized legal services, honest communication, and flexible payment options to help you move forward.
Contact us today to schedule a consultation with a spousal support attorney who puts your needs first.