Spousal maintenance is what Texas calls alimony, and it is an important but complicated term in some divorce cases. The State of Texas employs careful guidelines regarding spousal maintenance, which makes it important to have trusted legal representation backing you up. Protect your financial rights by consulting with an experienced Waco spousal maintenance attorney early on. 

Preliminary Requirements

Generally, the marriage must have lasted at least 10 years before alimony will apply in a divorce. In addition, the spouse requesting alimony must be unable to address their own minimum reasonable needs. Finally, the other spouse must have the resources to make the spousal maintenance payments. 

There are, however, highly specific exceptions to these requirements for spousal maintenance.

A Conviction for Family Violence

If the paying spouse has a conviction for family violence against the requesting spouse or a child of the marriage within two years of filing for divorce or while the divorce is pending, it can support an alimony order.

A Physical or Mental Disability 

If the requesting spouse is unable to meet their own minimum reasonable needs due to an incapacitating physical or mental disability, spousal maintenance may be ordered.

A Child of the Marriage with Significant Needs

When the requesting spouse is the primary caregiver of a child of the marriage who requires additional care or supervision to the degree that they cannot cover their own minimum reasonable needs, the court may award spousal maintenance. 

It should be noted here that reasonable needs in this context does not necessarily mean maintaining the standard of living achieved during the marriage. 

Factors that Guide Spousal Maintenance Decisions in Waco

The kinds of factors that guide spousal maintenance decisions in Waco include the following:

• The length of the marriage
• Each spouse’s contributions to the marriage, including in terms of caring for the children and the home
• The degree to which the requesting spouse’s sacrifices for the other’s career affected their own earning power
• Each spouse’s level of education, work experience, job skills, earning power, and marketability in relation to the location
• Each spouse’s income

How Spousal Support Is Calculated

Texas courts generally limit the duration of alimony based on the length of the marriage. The guidelines break down as follows:

• After a marriage of from 10 to 20 years, spousal maintenance can last up to 5 years. 
• After a marriage of from 20 to 30  years, spousal maintenance can last up to 7 years. 
• After a marriage that lasted more than 30 years, spousal maintenance can last up to 10 years. 
• When the marriage lasted fewer than 10 years, but the recipient qualifies under one of the exceptions, spousal maintenance can last up to 5 years.

Consult with an Experienced Waco Spousal Maintenance Lawyer Today

Brett Pritchard at The Law Office of Brett H. Pritchard is a formidable Waco spousal maintenance attorney who will leave no stone unturned in his dedicated efforts to obtain an optimal outcome on your behalf. Learn more about what we can do to help by contacting or calling us at 254-781-4222 today.