Who Qualifies for Spousal Maintenance in Texas? the couple have been married for at least ten years, and the dependent spouse lacks the ability to earn enough income to meet basic needs. the dependent spouse can't earn enough to be self-supporting because of an incapacitating physical or mental disability.
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.
40% of the high earner's net monthly income minus 50% of the low earner's net monthly income. For instance, if Spouse A earns $5,000 per month and Spouse B earns $2,500 per month, temporary spousal support might be calculated as follows: 40% of $5,000 = $2,000. 50% of $2,500 = $1,250.
In Texas, some things can disqualify you from spousal support. These include: Cohabitation: If you live with someone else in a marriage-like relationship, you may be disqualified for spousal support. Remarriage: If you remarry before your spousal support obligation ends, you may be disqualified for further payments.
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.
Texas courts cap spousal maintenance payments at $5,000 or 20% of the payer's gross monthly income, whichever is smaller. But a judge can use their discretion to set the amount much lower, depending on factors such as marriage length, the quality of the relationship, and employment potential.
In Texas, alimony isn't given and the amount is capped at a reasonable level. Courts have very limited jurisdiction to award this and usually only if you have been married 10 years or more. The maximum alimony will be awarded is usually less than 3 years.