Attorney
If you’ve been a stay-at-home parent during your marriage, the idea of divorce can bring real financial concerns. You may have put your career on hold to raise children or manage the household, and now you’re wondering what kind of financial support may be available moving forward.
In Texas, spousal support, also referred to as spousal maintenance, is an option in some cases, but it isn’t automatic. Whether you’re eligible depends on several factors, including the length of your marriage and your ability to support yourself. Here’s what you need to know before taking the next step.
What Is Spousal Support in Texas?
Spousal support is money one spouse may be required to pay the other after divorce. In Texas, it’s different from alimony you might hear about in other states. Here, the court can only order support if specific conditions are met.
It’s also not the same as contractual alimony, which is something both spouses agree to in the divorce settlement. That type of support can be more flexible, but it isn’t court-ordered unless included in the final decree.
To receive court-ordered maintenance, you’ll need to show that you can’t meet your reasonable needs on your own. That can be difficult if you’ve been out of the workforce for years, which is often the case for stay-at-home parents.
Are Stay-at-Home Parents Eligible?
Yes, in some cases. If you’ve been a stay-at-home parent, Texas law may allow you to receive spousal support, but only if you meet certain criteria. Two common paths for eligibility include:
- You’ve been married for at least 10 years, and you cannot earn enough income to meet your basic needs.
- You’re caring for a child with a physical or mental disability, and that responsibility keeps you from working or gaining employment.
Even if you’ve given up a career to raise children, that alone doesn’t guarantee you’ll receive support. You’ll need to show the court that you’re truly unable to become self-supporting, at least for a time.
The reality is that stay-at-home parents often face a harder time finding work after divorce. That challenge can weigh into the court’s decision.
Factors the Court Will Consider
Texas courts look at a variety of factors before awarding spousal support. They want to make sure the support is fair and based on real need. Some of the key things the court will consider include:
- How long you were married
- Your age, physical condition, and ability to earn income
- Your job skills and education
- How much time you’ve spent out of the workforce
- The contributions you made as a homemaker or stay-at-home parent
- Any history of domestic violence
- Efforts you’ve made to get training or find a job
The court’s goal is to support your transition, not to create a permanent financial arrangement. In most cases, spousal support is temporary and based on helping you get back on your feet.
How Long Does Spousal Support Last?
Spousal support in Texas doesn’t go on forever. The law limits how long support can last, based on the length of your marriage:
- 5 years if your marriage lasted 10–20 years
- 7 years if your marriage lasted 20–30 years
- 10 years if your marriage lasted 30 years or more
There are exceptions. If you’re caring for a disabled child or you have a disability yourself, the court may allow longer or indefinite support. Also, if you remarry or move in with a new partner, the payments will stop.
Other Financial Options to Consider
Even if spousal maintenance isn’t available, there may be other ways to secure financial stability after divorce. These can include:
- Contractual alimony, agreed upon during divorce negotiations
- A larger share of the marital property, especially if you gave up career opportunities
- Child support, if you have primary custody
We’ll help you consider all possible sources of support so you’re not left starting over without a plan. The divorce settlement itself can often be structured to help you move forward with confidence.
How We Can Help You
At Navarrete & Schwartz, P.C., we’ve worked with many stay-at-home parents who worried about what life would look like after divorce. We take the time to understand your goals, your contributions to the marriage, and your current financial picture. Whether we’re negotiating outside of court or fighting for you in front of a judge, we’ll help you pursue a fair outcome.
Protecting Your Future After Divorce
If you’re a stay-at-home parent worried about what comes next, you’re not alone. Contact Navarrete & Schwartz, P.C., to schedule a consultation. We’ll help you explore your options and move forward with confidence.