As estranged couples in Texas begin to negotiate their divorce, the topic of spousal support might come up. While not all divorce cases will warrant financial support from one spouse to the other, there are specific conditions that might lead a court to grant spousal maintenance.
Reasons why spousal support is awarded
There are four different reasons why a court might grant spousal support during the dissolution of a marriage. For each case, the court will look at the specific evidence provided to support the petition for financial support and then decide. The four reasons why a court might grant support include:
• If the parties agree to spousal support and having a specific timeframe for when it will be paid
• If the spouse set to pay support has been convicted of domestic violence against the spouse who is going to receive it or that spouse’s child within two years of the date of divorce filing or even during the divorce process
• If the spouses were married for 10 years and the spouse who is set to receive financial support is unable to support themselves, is the main caretaker of a disabled child or is disabled themselves
• If the spouse set to receive support has an affidavit of support as an immigrant which can be enforced until they are able to work or until they can reach 40 credits in their work history
Limitations of spousal support
In most cases, the financial support received by someone from their former spouse will have time limits. Depending on the length of the marriage, spousal support might last between 5 and 10 years in most cases. As well, support payments might cease once the receiving spouse remarries or beings living with a romantic partner. However, in the cases where the receiving spouse is disabled or caring for a disabled child, support might be ordered indefinitely.