Am I Entitled to Spousal Maintenance in Texas?

One of the most common questions during divorce proceedings is whether a party is entitled to spousal maintenance, or if they will be required to pay it. In Texas, the rules surrounding spousal maintenance are particularly stringent, making it essential to understand the qualifications and processes involved.

Qualifications for Spousal Maintenance

In Texas, spousal maintenance is not automatically granted in a divorce. To be eligible, there are specific requirements:

1. 10-Year Marriage Rule: The most significant factor for spousal maintenance eligibility is the length of the marriage. In general, a spouse must have been married for at least 10 years to qualify for spousal maintenance.
2. Family Violence Exception: There is one notable exception to the 10-year rule. If there is a conviction for family violence, the court may grant spousal maintenance even if the marriage lasted for less than 10 years.

Determining Spousal Maintenance

There is no set formula or specific percentage for determining the amount of spousal maintenance. Instead, the court takes various factors into consideration when deciding whether to award spousal support and how much that support will be. Some of the key factors include:

• Lifestyle of the Parties: The court will examine the standard of living during the marriage. If one spouse maintained a particular lifestyle that is no longer financially feasible post-divorce, it could influence the court’s decision.
• Income of Both Parties: The earning capacities of both spouses play a crucial role. The court will review each party’s income to determine if one spouse needs financial support from the other to maintain stability.
• Child Custody: If one party has primary custody of the children, it can impact the court’s decision on spousal maintenance, as the custodial parent may have additional expenses.
• Expenses and Debts: The overall financial picture, including the expenses and debts of each party, is factored into the spousal maintenance decision. The court will review the financial responsibilities each spouse faces post-divorce.
• Property Division: If the divorce settlement involves a significant division of property, including investments, real estate, or savings, the court may consider whether one party is receiving enough financial benefit from the division to negate the need for spousal maintenance.

The Presumption Against Spousal Maintenance

Perhaps the most critical point to understand is that in Texas, there is a presumption against spousal maintenance. This means that the default position of the court is that a spouse is not automatically entitled to financial support from the other party after a divorce. The burden of proof falls on the person requesting spousal maintenance to demonstrate that they genuinely need it.

Proving the Need for Spousal Maintenance

If you are the spouse seeking maintenance, it is your responsibility to provide evidence showing why you need financial support. This can include showing that you lack sufficient property to provide for your basic needs, or that you are unable to earn enough income to support yourself due to a disability or another valid reason.

The court will carefully scrutinize the evidence provided, and without sufficient proof, the request for spousal maintenance will likely be denied.

Conclusion

In Texas, spousal maintenance is not guaranteed, and it can be a complex process to navigate. Understanding the qualifications, the factors the court considers, and the burden of proof is essential to determine whether you may be entitled to support or required to pay it. If you are facing a divorce and have questions about spousal maintenance, consulting an experienced attorney can help clarify your options and guide you through the legal process.

For personalized legal advice, contact The Law Office of Chris Schemiedeke to schedule a consultation.