At Navarrete & Schwartz, P.C., we understand how confusing and overwhelming spousal support issues can be—especially during a divorce. Texas spousal support laws have evolved significantly in recent years, and courts now consider a wider range of circumstances when determining whether to award financial support to a spouse.
Whether you’re seeking support, opposing an unfair demand, or requesting a modification, our family law attorneys serve clients throughout Midland with the guidance, clarity, and advocacy needed to protect your financial future.
What Is Spousal Support in Texas?
Spousal support—often referred to as alimony—is a court-ordered payment made by one spouse to the other after divorce. Its purpose is to provide financial assistance to a lower-earning or non-working spouse while they work toward self-sufficiency.
Texas law does not automatically grant spousal support. You must meet specific eligibility requirements; even then, the court has broad discretion in determining whether to award it, how much to award, and for what duration.
Do You Qualify for Spousal Support?
To qualify for court-ordered spousal maintenance in Texas, you must first show that you:
- Were legally married (common-law marriages are recognized)
- Lack sufficient assets or income to meet your minimum reasonable needs
In addition, you must prove at least one of the following:
- The marriage lasted 10 or more years, and you lack the ability to earn sufficient income
- You cannot work due to a mental or physical disability
- You are the primary caretaker of a child with a disability, which prevents you from working
- Your spouse was convicted of domestic violence within two years before the divorce filing or during the divorce
Same-sex common-law spouses also have the same rights to seek spousal support under Texas law.
How Much Spousal Support Can Be Awarded?
Eligibility does not guarantee spousal support. If the court determines support is appropriate, it will weigh several factors to decide the amount and duration, including:
- Length of the marriage
- Each spouse’s education, work history, and employability
- Contributions as a homemaker or caregiver
- Efforts made to find employment
- Whether marital misconduct (e.g., adultery or abuse) occurred
Texas limits spousal maintenance to the lesser of $5,000 per month or 20% of the paying spouse’s gross monthly income.
Duration of Spousal Support
The length of spousal maintenance is closely tied to the length of the marriage:
- Up to five years for marriages lasting 10–20 years
- Up to seven years for marriages lasting 20–30 years
- Up to 10 years for marriages over 30 years
Support may end earlier if the receiving spouse becomes financially self-sufficient, remarries, or cohabits with a romantic partner.
Spousal Support and Immigration
For immigrants in Texas, divorces may also involve federal immigration sponsorship obligations as part of spousal support. If your spouse signed an Affidavit of Support (Form I-864), they may be legally obligated to support you at 125% of the Federal Poverty Guidelines until you become a U.S. citizen or accumulate sufficient work credits—even if the court doesn’t order traditional alimony.
Modifying or Terminating Spousal Support
Spousal support orders are not always permanent. Either party can petition the court for a modification or termination if there has been a substantial change in circumstances, such as:
- The paying spouse suffers a job loss or pay cut
- The receiving spouse remarries or cohabitates
- The receiving spouse gains employment or becomes financially independent
- Either party passes away
Privately agreed-upon alimony arrangements can also be revised by mutual agreement. However, if your spousal support is court-ordered, you must formally request a modification. An experienced attorney can guide you through the legal process and present your case effectively.
Why Legal Representation Matters
Spousal support can affect your financial stability for years after your divorce. Whether you’re trying to obtain fair support or protect your finances from an excessive demand, the outcome of your spousal support case can have long-term consequences.
At Navarrete & Schwartz, P.C., we take your future seriously. Our legal team provides honest counsel and strategic representation to help you achieve a fair resolution—no matter which side of the issue you’re on.
Take Control of Your Financial Future
If you’re facing a spousal support matter in Midland, don’t navigate it alone. Let Navarrete & Schwartz, P.C. advocate for your financial security with personalized, results-driven legal support.
Contact us today to schedule a confidential consultation and take the first step toward a secure, balanced outcome in your divorce.