This page details the laws that govern Spousal Support under the Texas courts. Please call and speak with Kevin Sralla, a San Antonio family lawyer, we can also set up a free consultation to discuss your situation in person.
Under certain conditions in Texas, a divorcing spouse may qualify for spousal support, also known as alimony.
To qualify for spousal support in Texas courts, the party requesting maintenance must meet one of four requirements:
The paying spouse was convicted of family violence within two years of the date of divorce
The marriage was 10 years or longer and the requesting spouse lacks sufficient property to provide for his/her minimal needs and is unable to support himself/herself through appropriate employment because of an incapacitating disability.
The marriage was 10 years or longer and the requesting spouse lacks sufficient property to provide for minimal needs and is the custodian of a child who requires substantial care and personal supervision, making it necessary for that spouse to remain at home with that child.
The marriage was 10 years or longer and the requesting spouse lacks sufficient property to provide for minimal needs and the requesting spouse lacks earning ability in the job market sufficient to provide support for minimal needs.
Many courts in Texas are reluctant to grant spousal support and set the bar quite high for a requesting spouse, making spousal maintenance one of the more difficult forms of relief to achieve in a divorce. However, most judges will award spousal support where the requesting party clearly falls into one of the four categories listed above. While a Court’s willingness to grant spousal support varies widely from judge to judge, the general factors a court will consider include:
Spousal support is available for qualifying spouses for a maximum term of three years under Texas law, unless the requesting spouse suffers from an incapacitating physical or mental disability. In that case, spousal maintenance can be ordered for an indefinite term.
When choosing a divorce attorney to address the issue of spousal maintenance with a Texas court, it is important have a qualified attorney by your side who knows how to make the most persuasive arguments to the judge, providing the evidence that the Court needs to justify an award of spousal support. At Sralla Law Offices, we pride ourselves in possessing the experience and expertise necessary to vest our clients with a high percentage chance of prevailing on any and all issues arising in divorce, including the often-tricky maneuver of convincing a judge to award spousal maintenance. Call today for a free consultation with a qualified family law specialist in San Antonio.
Kevin “Buck” Sralla
Welcome, I am Kevin “Buck” Sralla, an experienced family law attorney in San Antonio, TX. I am licensed to practice in Texas state courts and skilled at advocating for my clients’ rights whether the setting be in a courtroom before a judge or jury or an informal mediation or settlement negotiation process.