Menu

CONTACT

PAYMENT

REVIEW US

Call for Case Evaluation
Case Evaluation
Make a Payment
Houston Divorce: Do I Qualify for Alimony or Spousal Support

Houston Divorce: Do I Qualify for Alimony or Spousal Support

  • Alimony and Spousal Support

Divorce is a life-altering event that not only affects your emotional well-being but also has a significant financial impact. One of the most pressing concerns for many individuals going through a divorce is whether they will be required to pay or eligible to receive alimony, also known as spousal support. Unlike child support, which is a legal obligation in cases involving minor children, alimony is not automatically granted in Texas divorces.

Understanding how spousal support works, who qualifies, and what factors courts consider when awarding alimony can help you better prepare for the financial aspects of your divorce. At The Renken Law Firm, we guide Houston clients through the complexities of alimony and work to secure fair financial arrangements that align with Texas law.

Understanding Alimony and Spousal Support in Texas

Texas law distinguishes between two main types of financial support that a spouse may receive after a divorce: spousal maintenance and contractual alimony. Spousal maintenance refers to court-ordered payments made by one spouse to the other for financial support after divorce. Contractual alimony, on the other hand, is an agreement between spouses that is voluntarily negotiated as part of the divorce settlement.

Unlike in some other states where alimony is more commonly awarded, Texas courts follow strict guidelines when determining whether spousal maintenance should be granted. The goal is to ensure that a lower-earning spouse has the necessary financial support to transition to independence, but the burden of proof rests on the spouse requesting support.

Who Qualifies for Court-Ordered Spousal Maintenance?

Texas courts do not automatically award spousal maintenance in every divorce. Instead, the requesting spouse must demonstrate a clear need for financial assistance and meet specific legal criteria. Generally, a spouse may qualify for maintenance if they lack sufficient property or income to provide for their minimum reasonable needs.

The most common situations where courts may award spousal maintenance include:

A Marriage Lasting 10 Years or Longer

Texas law prioritizes self-sufficiency after divorce, but the state recognizes that long-term marriages often involve financial dependency. A spouse may qualify for maintenance if they were married for at least 10 years and can demonstrate that they lack the ability to earn sufficient income to meet their basic living expenses.

Courts will consider factors such as the spouse’s age, education, employment history, and health when determining eligibility. If a spouse has been out of the workforce for many years due to child-rearing or household responsibilities, they may have a stronger case for receiving support.

A Spouse with a Disability or a Disabled Child

A spouse who has a physical or mental disability that prevents them from becoming self-supporting may be eligible for spousal maintenance, regardless of the length of the marriage. The requesting spouse must provide medical evidence showing that their condition significantly limits their ability to work and support themselves.

Additionally, if one spouse is the primary caregiver of a child with a disability that requires full-time care, they may also qualify for spousal maintenance. Courts recognize that caring for a child with special needs can limit a parent’s ability to work full-time and generate an independent income.

Family Violence in the Marriage

Texas law also allows for spousal maintenance in cases involving family violence. If the spouse seeking support was the victim of domestic violence within two years before filing for divorce or while the divorce was pending, they may qualify for maintenance. This provision is intended to provide financial stability for victims who may have been financially controlled or abused during the marriage.

How Courts Determine the Amount and Duration of Spousal Maintenance

Even if a spouse qualifies for maintenance, the amount and duration of payments depend on several factors. Texas courts assess the unique circumstances of each case, focusing on financial need and the paying spouse’s ability to provide support.

Factors That Influence Spousal Support Awards

Courts consider multiple factors when determining whether to award spousal maintenance and how much support should be provided. Some of these factors include:

  • The financial resources of both spouses, including separate property and assets received in the divorce
  • The education and employment skills of the requesting spouse and the time needed for them to gain financial independence
  • The length of the marriage and each spouse’s contributions to the household, including homemaking and child-rearing
  • The age and health of both spouses, especially if one spouse has medical conditions that limit their ability to work
  • Any marital misconduct, such as adultery or financial fraud, that may have impacted the couple’s finances

The court will weigh these factors to determine whether maintenance is necessary and, if so, for how long.

Limits on the Duration of Spousal Maintenance

Texas law imposes limits on how long spousal maintenance can last. In most cases, support payments are intended to be temporary, giving the recipient time to become financially self-sufficient. The general guidelines for the duration of spousal maintenance are:

  • Five years for marriages lasting between 10 and 20 years
  • Seven years for marriages lasting between 20 and 30 years
  • Ten years for marriages lasting 30 years or longer

If the spouse receiving support becomes financially independent before the court-ordered period ends, maintenance may be modified or terminated early. Likewise, if the recipient spouse remarries or cohabitates with a new partner, support payments will typically end.

Contractual Alimony as an Alternative

In some cases, divorcing spouses may choose to negotiate contractual alimony as part of their divorce settlement rather than seeking court-ordered maintenance. Unlike court-ordered maintenance, which is subject to strict legal guidelines, contractual alimony is a private agreement between spouses and can be customized to fit their needs.

Contractual alimony can be beneficial in high-asset divorces, where one spouse wants to ensure financial stability for the other without court intervention. It can also be used strategically in property settlements, allowing one spouse to receive payments in exchange for a larger share of marital assets. Because contractual alimony is negotiated rather than imposed by a judge, it offers greater flexibility and control over the terms of support.

At The Renken Law Firm, we assist clients in negotiating fair and reasonable contractual alimony agreements that align with their long-term financial goals.

How to Request Spousal Maintenance in a Texas Divorce

If you believe you qualify for spousal maintenance, it is essential to present a compelling case to the court. This requires gathering financial records, employment history, medical evidence (if applicable), and any relevant documentation that demonstrates the need for support.

An experienced divorce attorney can help you build a strong case by:

  • Assessing your financial situation and determining whether you meet the eligibility criteria
  • Gathering and presenting evidence to support your request for maintenance
  • Negotiating with your spouse’s legal team to reach a fair settlement
  • Representing you in court if an agreement cannot be reached

At The Renken Law Firm, we advocate for clients seeking fair spousal support arrangements while also defending those who may be facing unfair or excessive support demands.

Modifying or Terminating Spousal Maintenance

Spousal maintenance is not always permanent, and in many cases, it can be modified or terminated under certain conditions. If circumstances change significantly after the divorce, either spouse may petition the court to adjust the terms of spousal support. Understanding how and when modifications can be made is essential for both the paying and receiving spouse.

A common reason for modification is a substantial change in financial circumstances. For example, if the spouse receiving maintenance gains stable employment, receives an inheritance, or remarries, the paying spouse may request a reduction or termination of support. Similarly, if the paying spouse experiences job loss, a decrease in income, or unforeseen financial hardship, they may seek to have their payments adjusted. However, any changes must be approved by the court, and the requesting party must provide sufficient evidence to justify the modification.

Additionally, spousal maintenance automatically terminates if the receiving spouse remarries or is found to be cohabitating with a new partner in a marriage-like relationship. Courts take cohabitation seriously, as it often indicates financial support from another individual. If a paying spouse believes their former spouse is living with a new partner, they may petition to have maintenance payments stopped.

At The Renken Law Firm, we help clients navigate spousal maintenance modifications, whether they are seeking to adjust payments due to changing circumstances or defending against an unfair modification request. Understanding your rights and responsibilities can ensure that spousal support remains fair and appropriate over time.

Final Thoughts

Spousal maintenance is a critical aspect of many divorces, providing financial stability for those who need support while transitioning to life after marriage. However, Texas law is strict in its requirements, and not everyone qualifies for court-ordered alimony. Understanding the factors that influence spousal support eligibility, duration, and modification can help you make informed decisions about your financial future. Whether you are seeking maintenance, negotiating contractual alimony, or defending against excessive support demands, having an experienced attorney by your side is essential.

At The Renken Law Firm, we are committed to helping clients achieve fair and reasonable spousal support outcomes. We take the time to assess each client’s financial situation, provide strategic legal guidance, and advocate for the best possible resolution. Our attorneys have extensive experience handling all aspects of alimony and spousal maintenance, ensuring that our clients are well-equipped to navigate these complex issues.

If you are facing a divorce in Houston and have questions about alimony, contact The Renken Law Firm today. Our knowledgeable legal team is ready to provide the support and representation you need to secure your financial future. Schedule a consultation to discuss your case and explore the best options for your situation. Whether through negotiation, mediation, or litigation, we are here to protect your interests and help you move forward with confidence.

Renken Law Firm, PLLC
11500 Northwest Fwy #586
Houston, TX 77092
(713) 956-6767
Visit our website
View our Google Business Listing

Recent Articles

Share:

About Our Firm

Your family law case may be the most important legal issue you ever face in your life. It can also be the most emotionally and financially challenging life event you experience.

Explore Our Site

Renken Law Firm, PLLC

Connect With Us

Facebook Instagram Linkedin Pinterest-square Twitter-square Youtube-square

Renken Law Firm knows how difficult and painful dealing with these issues can be. We will take your case, and all the turmoil that comes with it, very seriously. You can trust us to not only be relentless in our pursuit of the best possible solution for you, but we will also take into consideration how much this process is both emotionally and financially impacting you. Renken Law Firm can be relentless, but you can always trust us to listen.

© 2025 The Renken Law Firm. All rights reserved.   

Parents are also obligated to provide health and dental insurance for their children in Texas.The court can order either parent to enroll a child on an existing health insurance policy but customarily orders the child support obligor to do so or to reimburse the cost of the health and dental care premium to the primary custodian of the child.While the terms alimony and spousal maintenance are often used interchangeably, they are very different things under Texas law.They both achieve the same goal during a divorce, however.They both allow one spouse to receive financial support from the other.Renken Law Firm understands the distinction between alimony and spousal maintenance.Our understanding of the difference between these two means of financial support allows us to pursue an outcome that best meets your needs.Along with her ability to aggressively litigate Family Law matters, Dawn Renken is a Licensed Mediator through ADR Services International Inc, since 2014. Traditionally, mediation has been shown to be an excellent option for couples seeking an amicable divorce who ultimately have compatible goals for property settlements and custody disputes.Mediation promotes a compromise that works well for both parties, while making it possible to avoid court appearances and additional attorney’s fees.What is Divorce Mediation?Divorce mediation is a private process in which a neutral third person (a mediator) helps divorcing couples reach a mutually satisfactory settlement of the issues in their case, including child support, custody and visitation, alimony, and property division.A mediator does not act as a judge, arbitrator, or counselor, but assists the spouses in reaching a voluntary agreement.Along with her ability to aggressively litigate Family Law matters, Dawn Renken is a Licensed Mediator through ADR Services International Inc, since 2014. Traditionally, mediation has been shown to be an excellent option for couples seeking an amicable divorce who ultimately have compatible goals for property settlements and custody disputes. Mediation promotes a compromise that works well for both parties, while making it possible to avoid court appearances and additional attorney’s feesDivorce mediation is an affordable and private divorce option, mediation also has a proven history for helping families resolve disputes without the need for a trial. Taking your case to trial typically will increase the amount of time, money, and stress involved in your divorce.While no divorce method is completely stress free, divorce mediation allows both parties to have their needs represented. The divorcing couple will be given the chance to work together to reach an amicable resolution in their case, instead of allowing a judge to have the final say.Dawn Renken, became a licensed mediator through ADR Services International Inc. in 2014. Since this time, Attorney Renken has been working as a Cypress divorce mediation expert with couples to help them work together to reach divorce agreements that are mutually beneficial for their long term needs.The role of the mediator is to simply ensure all important matters are discussed and dealt with, as well as ensure neither party is using bully tactics in order to get the other party to agree to the terms they desire for their divorce. Your divorce agreement is only finalized when both parties agree to the terms of the divorce and sign off on it. If you are unable to work together to reach an amicable divorce agreement, mediation will not be a viable method for divorce. If you and your spouse are actively looking to work through your divorce together, Renken Law Firm can help by offering affordable divorce mediation in Houston, TX.In addition to traditional divorce methods, we excel in providing the best divorce mediation services in Houston, TX. Divorce mediation offers a more cost-effective and private approach, allowing the divorcing parties to determine the final terms of their divorce. To explore this option further, we encourage you to contact our office and learn more about our mediation services.Renken Law Firm understands that many individuals hesitate to initiate the divorce process due to uncertainty and concerns about excessive legal fees. We assure you that our Houston, TX team is dedicated to your success and has a proven track record of achieving client satisfaction.We recognize the emotional toll that divorce takes on families, and we strive to make the process as smooth as possible. Whether your case involves mediated or contested divorce, our attorneys will provide unwavering support every step of the way until your divorce is finalized. Take the first steps toward filing for divorce in the state of Texas by scheduling a consultation with our legal team at Renken Law Firm today.Is Texas an At-Fault State?In the state of Texas, divorce proceedings do not require spouses to provide a specific reason or cause for seeking the divorce, making it a “no-fault” state. However, it is important to note that if one spouse is at fault for the breakdown of the marriage, it may be considered by the court when dividing property. This means that the at-fault party may be responsible for providing more to the other spouse. Although fault grounds are not mandatory, it is advisable for spouses to include them in their divorce petition.At Renken Law Firm, our mission is to advocate for families and help them make the best decisions for their unique circumstances. Our top priority is protecting the best interests of any children involved in the divorce. Our dedicated legal team is committed to achieving the best possible outcomes for you and your family. Whether you are contemplating filing for divorce or currently going through the process, contact Renken Law Firm for assistance. We will guide you through this challenging time and ensure that you consider all significant factors that may impact your finances or family dynamics. Reach out to us today to learn more about our comprehensive family law services and how we can support you.The Renken Law Firm has worked hard to earn a reputation for efficiently practicing diligent and focused legal services. During the course of our representation, you can expect expert legal advice in the areas of divorce, separation planning, custody disputes, child support cases, grandparents rights, prenuptial agreements, attorney general cases and enforcement actions.Receive prompt service and protect your rights by contacting us to schedule an appointment. In times of personal crisis we understand that you want answers. As your legal counsel, this firm will provide you with answers and options. Additionally, we will guide you through what you can expect during the process and help you to understand your options and rights as mandated by Texas Law. Our knowledge and experience has provided us with a strong base of strategies and methods to assist you to reach a successful resolution. Once retained, we invite you to demand and expect your case to be handled in an organized, timely, effective and cost-efficient manner. Step 1: Consult Contact Renken Law Firm to schedule your no obligation one hour consultation to evaluate your case. Step 2: Prepare You’ve never been through this. We understand that. We are here for you. Step 3: Negotiate Whether informal negotiation or mediation, you can trust Renken Law Firm’s decades of experience. Step 4: Litigate When negotiation fails, Renken Law Firm is prepared to fight for you at trial with experienced litigators. Your family law case may be the most important legal issue you ever face in your life. It can also be the most emotionally and financially challenging life event you experience. Renken Law Firm knows how difficult and painful dealing with these issues can be. We will take your case, and all the turmoil that comes with it, very seriously. You can trust us to not only be relentless in our pursuit of the best possible solution for you, but we will also take into consideration how much this process is both emotionally and financially impacting you. Renken Law Firm can be relentless, but you can always trust us to listen. © 2023 The Renken Law Firm. All rights reserved. Our comprehensive family law services include the resolution of divorces through litigation, divorce mediation or collaborative law, depending on the specific details of your case. We can take on all matters related to Divorce Practice or dissolution of a common law marriage, including: We are committed to aggressively and efficiently advocating for your rights . We customize our representation to the needs of your case. Throughout the process, we will keep you involved. We will provide honest information about the progress of your case and strive to achieve the best possible outcome. Enforcing Texas Orders Renken Law Firm, PLLC represent clients seeking to enforce the terms of a divorce decree or custody order. You may need to seek to enforce an order when the other parent has failed to pay their court ordered child support or if you have been denied visitation with your child. We have extensive experience with both seeking relief for these types of issues and also defending against these types of cases. Having an experienced lawyer who has handled both sides of the issue provides you a unique attorney who can reasonably anticipate what the other side may attempt to do. If the non-custodial parent refuses to pay court ordered child support or you have been denied visitation, contact us. If you have been accused of nonpayment or denying the opposing party visitation, a possible contempt outcome is jail time. Do not go to court alone, contact Renken Law Firm, PLLC. Enforcement for Delinquent Child Support Child support arrearages not only can lead to wage garnishment, property liens and loss of tax refunds, they can also result in loss of your license to drive, fish, hunt, sell real estate, teach or practice medicine. Whether your problem involves modification or enforcement of family law rights, our lawyers can advise and represent you. Enforcement / Contempt of Court Actions When a parent refuses to honor visitation orders, fails to pay child support or fails to comply with other court orders, the parent is in contempt of court. In most circumstances, it is important that a child is supported by and has meaningful relationships with both parents. That is why it is so important to follow custody, visitation and support arrangements. Failure to do so can jeopardize the child’s well being. If a parent willfully and recklessly avoided complying with orders when it was feasible to do so, the parent may be charged criminally with contempt and could face potential jail time, fines and other consequences. Our attorneys help clients pursue court orders of enforcement. We also defend against actions where enforcement or contempt cases are brought against you unjustly or for spite. Child Support Enforcement Actions If you are facing a child support enforcement action initiated by the Attorney General, Renken Law Firm, PLLC can answer the complaint and try to transfer your case to family court, where your options for a realistic payment plan will be somewhat broader. If you are the parent trying to enforce the terms of a divorce or paternity child support order, we can help ensure that your right to payment is brought current as quickly as possible.