Same-sex couples seeking divorce in Texas must navigate the same legal framework as opposite-sex couples. One major issue that arises is spousal support, also known as spousal maintenance or alimony. Texas courts follow strict guidelines when deciding whether one spouse must provide financial support to the other after divorce.
Eligibility for spousal support
Texas courts do not automatically grant spousal support. The spouse seeking support must demonstrate financial need and meet at least one condition: a marriage lasting ten or more years with insufficient income, a disability preventing self-sufficiency, primary caregiving responsibilities for a disabled child, or a history of family violence by the other spouse within the past two years.
Factors courts consider
Judges evaluate multiple factors before awarding spousal support, including each spouse’s financial resources, education and employment skills, efforts to gain income, marriage duration, contributions to the other’s career or household, and any marital misconduct such as infidelity or financial fraud.
Limits on spousal support
Texas law places caps on the duration and amount of spousal support. In most cases, support lasts no more than five to ten years, depending on the length of the marriage. The maximum monthly payment cannot exceed 20% of the paying spouse’s income or $5,000, whichever is lower.
Same-sex couples going through a divorce should work with experienced legal professionals to ensure fair financial outcomes. Understanding Texas spousal support laws can help individuals prepare for negotiations and secure a stable future.