
The Difference
Family Law & Divorce
Frequently Asked Questions
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When is a party entitled to receive spousal support?In Texas, courts are generally reluctant to award spousal support. A party will only receive court-ordered spousal support if the marriage has lasted ten years or longer and the spouse made diligent efforts to either earn sufficient income or to develop necessary skills while the divorce is pending to meet his or her minimum reasonable needs; or the other spouse has committed family violence; or the requesting spouse has an incapacitating disability that arose during marriage; or a child of the marriage (of any age) has a physical or mental disability that prevents the spouse who cares for and supervises the child from earning sufficient income.
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What are the factors a court considers when determining spousal support?The overriding principle is the needs of the recipient party balanced with the ability of the other spouse's ability to pay. There is no exhaustive list for a judge to use, but they should consider the financial situation of both spouses, the contribution of each spouse to the marriage (including whether or not one party sacrificed their career to raise children), the age, employment history, education, health and earning capacity of the spouse requesting support, spousal violence, and any fault in the break-up of the marriage.
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How much spousal support will the court order?While the amount and duration of spousal support will always depend on the facts of your case, there are certain limitations the court has when ordering spousal support. First, it cannot be over 20 percent of a paying party’s gross income, or $5,000.00 each month, whichever is lower. Next, the duration of support will depend on the length of the marriage. For marriages of 10-20 years, spousal support can be up to five years. Marriages between 20-30 years could have seven years of support, while marriages over 30 years could have spousal support ordered for up to ten years.

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