You’ve always been independent, balancing a job with managing the kids and the household alongside your spouse. But when your marriage fell apart, you assumed your steady income disqualified you from seeking spousal maintenance (also known as alimony). After all, wasn’t alimony only for those without other means of support?
As she began researching Texas law, she discovered that the answer wasn’t so simple. Even though she was a working wife, there were circumstances under which she might still be entitled to spousal maintenance.
Texas Law Concerning Spousal Support
Texas does offer spousal maintenance, which is regular payments made from one spouse to another to help the recipient meet their minimum reasonable needs. That said, it’s important to understand that spousal maintenance is not guaranteed. A person must request and qualify for it, and the Court will look at various factors before making a final decision.
Under certain circumstances, even a working wife may be eligible for support. But again, they must qualify.
A judge will consider spousal maintenance under certain circumstances.
- Marriage Duration: If the marriage has lasted 10 or more years, the court may award spousal support if the spouse can present reliable evidence that they don’t have enough income or assets to support themselves.
- Disability: A spouse with a physical or mental disability that limits their ability to earn a sufficient income can qualify for alimony, regardless of their current job.
- Care of a Disabled Child: If one spouse is responsible for the care of a child with a physical or mental disability, and this caregiving makes it difficult for them to work outside the home, they may be eligible for support.
- Family Violence: A spouse may receive alimony if the other spouse has been found guilty of or received deferred adjudication for family violence against them or their children, either during the divorce process or within two years prior.
- Inadequate Earning Capacity: Even if a spouse works, they might not be making enough or possess the earning capability to cover basic living expenses. This could lead to the court awarding spousal support, particularly in cases involving shorter marriages (less than 10 years) with incidents of family violence.
If you are facing financial difficulties since your divorce, contact a capable and caring family law attorney. An experienced family law attorney can recommend a course of action for you to pursue through the courts to get you some spousal support.
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