Most Texas couples focus on property division during a divorce. However, spousal maintenance is a financial option that many overlook. Knowing how it works could expand your choices and help you get back on your feet after divorce.

The difference between spousal maintenance and support

Before exploring your options, it helps to know how these two terms differ. Spousal support is a private agreement where you and your partner decide the amount and terms. Spousal maintenance, by contrast, requires a court order. A judge determines whether you qualify and how much you receive. Thus, understanding this distinction helps you assess whether you meet the legal requirements for court-ordered support.

Four ways to qualify for spousal maintenance

Now that you know the difference, the next step is figuring out if you qualify. Here are the four ways you may be eligible:

  • The 10-year rule: You may qualify if your marriage spanned a minimum of 10 years and your income falls short of covering your essential living expenses.
  • History of family violence: You may qualify if your spouse received a conviction or deferred adjudication for a family violence offense against you or your child within two years before filing for divorce.
  • Incapacity: You may qualify if a physical or mental disability limits your ability to generate enough income to support yourself.
  • Child Custody: You may qualify if you serve as the primary caregiver for a child from the marriage who requires substantial supervision, making it difficult to earn enough income.

Meeting any one of these conditions could make you eligible for spousal maintenance. If you believe one applies to you, the next step is understanding how much support you could receive.

How much could you receive?

If you meet the qualifications above, Texas law caps what a court can order. The court typically cannot require your spouse to pay more than the lesser of $5,000 or 20% of their gross monthly income.

Now that you know how much you could receive, it is equally important to understand how long these payments can last.

How long does spousal maintenance last?

The length of your marriage often determines the duration of spousal maintenance. Here is what Texas law allows:

  • 5 years: Your marriage spanned a minimum of 10 years but less than 20 years, or your spouse received a conviction for a family violence offense.
  • 7 years: Your marriage lasted at least 20 years but less than 30 years. 
  • 10 years: Your marriage reached the 30-year mark or beyond.

Thus, understanding how long your support may last helps you plan your financial future with confidence. With this in mind, you are in a stronger position to take your next steps.

Take the next step toward financial stability

Divorce is rarely simple and navigating your financial options alone can feel overwhelming. This is why understanding spousal maintenance is a strong first step toward rebuilding your life after divorce. The more you know about your rights, the better you can protect your future and move forward with clarity and confidence.