• In Texas, spousal support, known as spousal maintenance, is determined based on several factors outlined in the Texas Family Code. Eligibility typically requires that the requesting spouse lacks sufficient property to meet their minimum reasonable needs and meets one of the following conditions:

  • The marriage lasted at least ten years, and the spouse seeking support cannot earn sufficient income.

  • The spouse has an incapacitating physical or mental disability.

  • The spouse is the custodian of a child with a disability requiring substantial care.

  • The paying spouse was convicted of family violence against the other spouse or child.

• Courts consider factors such as each spouse's financial resources, education and employment skills, contributions to the marriage, and any history of family violence when determining the amount and duration of support.

Spousal maintenance can last for months or years, depending on the length of the marriage and other factors like the spouse’s ability to become self-sufficient.

• The amount and duration of spousal maintenance in Texas are influenced by several factors, including:

  • Duration of the Marriage: Longer marriages may result in longer support periods.

  • Financial Resources: Each spouse's ability to provide for their minimum reasonable needs independently.

  • Education and Employment Skills: Time needed for the supported spouse to acquire education or training for employment.

  • Age and Health: Physical and emotional condition of both spouses.

  • Contributions to the Marriage: Contributions as a homemaker or in supporting the other spouse's education or career.

  • Marital Misconduct: Acts like adultery or cruel treatment may impact the court's decision.

• Texas law also sets caps on the duration and amount of maintenance, generally limiting support to the shortest reasonable period needed for the recipient to become self-supporting.

Yes, spousal maintenance orders in Texas can be modified if there is a material and substantial change in circumstances for either party. Changes might include significant alterations in income, employment status, or financial needs. To modify the support order, the requesting party must file a motion with the court, and a judge will determine if the modification is justified based on the new circumstances.