Do I have to pay spousal support under Texas law?

On Behalf of | Aug 3, 2022 | Divorce

You and your spouse may have had a good dynamic regarding work and money, at least for a while. You may have decided to climb the corporate ladder while your spouse stayed at home to care for the kids, and this worked out for the time being.

Now, however, you find your marriage is failing. Maybe your spouse mistreated you or maybe you simply grew apart. Your spouse is demanding you pay spousal support and between that and all the other costs of divorce, it seems like you will simply be working forever with little to your name. You may want to know whether your spouse can rightfully claim spousal support at all.

When is a spouse entitled to spousal support?

Under Texas law, spousal support will only be awarded in situations where the couple was married 10 years or more, the spouse seeking support does not have enough assets or income to meet their “reasonable needs,” and the spouse seeking support either has a disability, has primary custody of a child with a disability or cannot make enough money or have enough in assets to meet their “minimum reasonable needs.”

With regards to the last point, there are certain factors the court will consider when determining that a spouse cannot meet their minimum reasonable needs. For example, the court will take into consideration both spouses’ post-divorce financial resources.

The court will also consider each spouse’s level of education and each spouse’s job skills and how long it will take the spouse seeking support to obtain the education or training necessary to support themselves. The court will consider whether such training is available and whether it is feasible for the spouse seeking support to attend such training.

Other factors the court may consider include how long the marriage lasted, the physical and mental condition of each spouse, how old each spouse is and whether one spouse mistreated the other.

Texas has narrow laws on spousal support

It is a narrow subset of the population that meets these qualifications for spousal support. Texas law, unlike other states, discourages awarding alimony based on a failed marriage alone, especially a short marriage.

However, spouses can make an agreement between themselves regarding spousal support either in a prenuptial agreement or through the divorce settlement process. There are also certain exceptions for marriages where domestic violence was an issue.

If your ex-spouse is seeking spousal support, it is likely that you are concerned about your rights. After all, you want the process to be fair. You can work with an attorney to discuss your concerns about spousal support.