Introduction to the 10-Year Rule. In Texas, the law provides a potential entitlement to spousal support, commonly known as alimony, if the marriage has lasted for at least 10 years.
Spousal maintenance is not always awarded in Texas divorces; in fact, it is usually not awarded. While the parties can agree between themselves to exchange spousal support, a court can only award it if a party requesting it is eligible to receive it.
The Texas Family Code caps the amount of spousal support per month to the lesser of: $5,000 or. 20 percent of the paying spouse's gross monthly income.
In the event of a breakup, unmarried partners do not have community property assets and debts to divide, and ownership or responsibilities of these assets and debts is based solely on title. Furthermore, unmarried partners do not have the ability to receive spousal maintenance.
Ing to Texas Family Code § 8.055, the amount of spousal maintenance that can be awarded is capped at the lesser of $5,000 per month or 20% of the paying spouse's average gross monthly income. This cap ensures that spousal support payments remain theoretically reasonable and fair to both parties.
Texas courts only order permanent spousal support in cases where a spouse or child is disabled. A couple can agree to spousal support lasting longer than 10 years as part of a settlement. In most cases, courts limit the timeframe based on how long the marriage lasted: 10-20 years – no more than 5 years.
Eligibility For Spousal Maintenance In Texas To qualify for spousal maintenance, a spouse must convincingly demonstrate a need for financial assistance, grounded in specific circumstances that impede their ability to provide for their minimum reasonable needs.
Fortunately, courts in Texas often recognize and award financial support in these cases. Financial support could consist of things like child support or spousal support.
Texas is one of the most difficult states to win alimony in a divorce. While it is possible to win alimony or spousal support in court, it is much more likely to receive alimony through a private contract created as part of the divorce settlement.