Alimony and Spousal Maintenance Attorney in Dallas, Texas
In what situations is spousal support awarded in Texas?
In what situations is spousal support awarded in Texas?
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00:04
so as you know
00:05
spousal maintenance in texas is akin to
00:08
alimony and i say akin because it’s not
00:10
the exact same thing
00:12
alimony is not a given as a matter of
00:14
fact the presumption is that
00:16
you’re not going to get it okay you have
00:18
to prove
00:19
uh that you’ve been married for 10 years
00:22
and you
00:22
are not going to get enough out of
00:26
the property division of the divorce to
00:28
meet your minimum reasonable
00:30
needs right so what is minimum
00:33
reasonable needs well that’s incredibly
00:35
subjective
00:35
but what it is not it is not maintaining
00:39
you
00:39
at the standard of living to which you
00:41
were accustomed during marriage that’s
00:44
the area where texas is very just very
00:47
different
00:48
and also the presumption is that it
00:51
should be
00:51
for the least amount of time possible
00:55
so the amount of time that you are
00:57
eligible for
00:58
is going to be dependent on how long you
01:01
have been married
01:02
so it could be a few years it could be
01:05
five years it could be 10 years
01:07
but the presumption is that even if you
01:10
could be entitled to 10 years
01:12
under the statute that the court should
01:14
award
01:15
the least amount of that possible to
01:18
meet your minimum reasonable needs so it
01:20
is more of a
01:21
rehabilitation statute than a
01:24
maintaining you know what your level
01:27
of living was prior to divorce
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Dallas, TX family law attorney Mark Scroggins talks about the situations in which spousal support is awarded in Texas. He notes that spousal maintenance in Texas is similar to alimony, though it is not exactly the same. Unlike in some other states, alimony—or spousal maintenance—is not automatically granted. There is a presumption that a spouse will not receive it. To qualify, the spouse must generally prove they were married for at least ten years and that the property division in the divorce will not be sufficient to meet their minimum reasonable needs.
The concept of “minimum reasonable needs” is highly subjective. Importantly, it does not mean maintaining the standard of living enjoyed during the marriage; Texas law is deliberately different in that regard. The goal of spousal maintenance is rehabilitation—helping the spouse get back on their feet—rather than sustaining the prior lifestyle.
Additionally, the presumption is that spousal maintenance should last for the shortest time necessary. The duration depends on factors such as the length of the marriage and the spouse’s circumstances. Even if the statute allows for a longer period, the court is expected to award the minimum time required to meet the recipient’s reasonable needs. It is designed to provide support during the transition, not to perpetuate the previous standard of living.
