It is possible for a Texas resident to secure alimony, referred to as spousal maintenance in Texas, during their divorce. However, getting this form of financial support takes more than just asking for it. If the parties to a divorce do not agree to spousal maintenance terms in an agreement of their own making then one of the parties will have to ask the divorce court to grant them post-divorce financial help from their ex.
The first step toward securing spousal maintenance in a divorce is showing a court that the requesting party cannot pay for their basic reasonable needs. This may mean that without help from their ex the requestor cannot pay their rent or mortgage, or that they are unable to buy themselves food or pay their utilities with the money they have on their own. In marriages where one partner earns all of the money the other can be financially disadvantaged when divorce occurs.
If a party can show that they cannot provide for themselves then they must show one of two other conditions to get spousal maintenance. They must either show that their soon-to-be ex engaged in family violence during their marriage or that the requestor will not be able to get work to support themselves due to illness, age, or other responsibilities.
This brief overview of Texas’ spousal maintenance laws is not comprehensive and should not be read as legal advice. Rather, individuals with more questions about spousal maintenance are encouraged to reach out to their family law attorneys. Lawyers who work in this field are good advocates for individuals who have pending questions about their upcoming divorces.