If I File for Divorce in Texas, Will I Get Alimony? 

 Posted on January 23, 2025 in Divorce

If you are thinking about filing for divorce in Texas and you depend on your spouse’s income, you might be wondering whether you can get alimony. In Texas, alimony is officially called "spousal maintenance." Unlike in some other states, Texas has strict rules about when spousal maintenance can be awarded. It is not automatic, so it is important to understand what the law says and how it applies to your situation. To get the most reliable information about whether you could get alimony in your divorce, call our San Antonio, TX divorce lawyer. 

What Are the Rules About Alimony in Texas? 

The rules about spousal maintenance are explained in Texas Family Code Chapter 8. To qualify, you must show that you do not have enough money or property to meet your basic needs after the divorce. You must also meet at least one of the following conditions:

You Were Married for at Least 10 Years

If your marriage lasted at least 10 years, you might qualify for spousal maintenance. However, you will need to show that you cannot pay for your basic living expenses because you do not have the ability to earn enough money.

Your Spouse Was Violent Toward You or Your Child 

If your spouse was convicted of, or put on probation for, a crime involving violence against you or your child, and the crime happened in the two years before the divorce or while the divorce was in progress, you may qualify for support.

You Have a Disability

If you have a mental or physical disability that makes it hard or impossible for you to work and support yourself, the court can award spousal maintenance.

You Care for a Disabled Child

If you are the primary caregiver for a shared child who has a mental or physical disability, and the caregiving prevents you from earning enough money to support yourself, you might qualify for spousal maintenance.

How Much Alimony Could I Get?

If the court decides that you qualify, it will consider your specific circumstances to determine how much money you will get and for how long. The law says spousal maintenance cannot be more than:

• $5,000 per month, or

• 20 percent of your spouse’s gross monthly income, whichever is lower.

The court will also limit how long spousal maintenance lasts. For example:

• If your marriage lasted 10 to 20 years, you could get maintenance for up to five years.

• If your marriage lasted 20 to 30 years, you could receive it for up to seven years.

• If your marriage lasted more than 30 years, the limit is 10 years.

If you or your child has a disability, the court might allow maintenance to continue for as long as the disability makes it necessary.

Can I Increase My Chances of Getting Alimony?

Proving your need for spousal maintenance requires strong evidence. This might include financial records showing your expenses, medical records if you have a disability, or documentation of your spouse’s income. A family lawyer in Bexar County can help you gather and present this information to the court.

Contact a Bexar County, TX Family Lawyer

Getting spousal maintenance in Texas can be challenging, but the San Antonio, TX divorce attorneys at Brandon Wong & Associates can guide you through the process and fight for your financial security after divorce. Call 210-201-3832 today to schedule a consultation and learn about how we can help.