Can a Working Spouse Receive Alimony in Texas

If you anticipate that divorce is on your horizon, or you’re in the midst of a divorce, you probably have some questions. There is a lot to consider when divorce is on the table. And it might feel especially daunting to consider the division of assets or what life will look like financially in the wake of the divorce. A common question that gets asked is in regard to alimony and work. Can a working spouse receive alimony in Texas? 

Understanding alimony, spousal support, and spousal maintenance in Texas

There are a number of factors that play into alimony, also known as spousal support, in Texas. Alimony (or spousal support or spousal maintenance) is separate from the division of marital assets and child support. Alimony, quite simply, is financial support that one spouse is ordered to provide to the other spouse during a separation or in the aftermath of a divorce, however, alimony is not a term that is included in Texas law. “Spousal support” is voluntary. Typically, the divorcing parties will agree to spousal support in the divorce settlement which can be enforced like a contract. “Spousal maintenance,” on the other hand, is enforced as a court order.

Who can get spousal support or spousal maintenance in Texas?

Spousal support is decided on a case-by-case basis in Texas. Spousal support is typically granted under the following circumstances.

• The couple has been married for at least 10 years and the spouse seeking support does not have sufficient property or income to provide for their reasonable needs, they are disabled, they are the primary caretaker for a disabled child, or they lack the earning ability to provide for their reasonable needs.

• The length of the marriage is irrelevant if the person paying has been convicted or received deferred adjudication for a family violence offense against the spouse set to receive payments or the child within 2 years of filing or while the divorce is pending.

• Both parties agree that spousal support will be paid for a certain period of time.

How are maintenance awards determined in Texas?

Maintenance awards for spousal support are determined by considering a few key factors. Those factors include (but are not limited to):

• The duration of the marriage

• The ability of each spouse to provide for that spouse’s reasonable needs

• The age, employment history, earning ability, physical and emotional condition of the spouse seeking support

• Whether or not child support is ordered and how that might affect the spouse’s ability to meet needs while paying child support.

Can a working spouse receive alimony in Texas?

Alimony is not a term under Texas law. However, spousal support and spousal maintenance are available to a working spouse in Texas under certain conditions.

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