Divorcing couple signing alimony agreement.

What Determines the Need for Alimony in Texas?

If you are planning on getting a divorce in Texas, you probably have questions about alimony. For example, if you’re the primary earner in your household, you may wonder how much you’ll have to pay your spouse after your divorce. And if you’re a homemaker, you likely want to know how much alimony, if any, you’ll be entitled to once your divorce has been finalized. These are common and important concerns, and everyone considering a divorce in Texas should have a clear understanding of alimony prior to beginning the divorce process. Below is an overview of what determines the need for alimony. If you have additional questions about alimony or the divorce process, please contact our Denton County spousal maintenance attorney immediately for assistance. 

What determines alimony eligibility?

In Texas, one’s eligibility for alimony, which is  more accurately called “spousal maintenance,” is determined by looking at the following factors:

  • The spouse seeking maintenance must  lack sufficient property to support themselves and be unable to earn sufficient income to provide for his or her minimum reasonable needs, 


  • He or she was married to the other spouse for ten years or more before the divorce, or 
  • The paying spouse must have been convicted of or received deferred adjudication for an act of family violence that was committed during the marriage or while the divorce was pending, or
  • His or her inability to earn sufficient income is due to an incapacitating mental or physical disability; or
  • His or her inability to earn sufficient income is due to his or her responsibilities as the custodian of a child of the marriage who has a physical or mental disability.

Eligibility is just the beginning 

While the above requirements must be met to be eligible for spousal support, this doesn’t mean that the eligible spouse will actually receive it. Once eligibility is established, the divorce court must then consider several factors to determine whether alimony or spousal maintenance is appropriate. These factors include the eligible spouse’s:

  • Educational background,
  • Age,
  • Employment history,
  • History of infidelity,
  • Contributions to the household, and
  • Efforts to secure employment during the pendency of the divorce.

Do you need spousal support assistance?

Regardless of whether you’re concerned about making or receiving spousal support payments, you need an experienced spousal support attorney on your side. At Youngberg Law Firm, attorney Mike Youngberg will utilize his legal experience and insight to ensure that your rights are protected in your divorce proceeding. With Mike Youngberg as your attorney, you can rest assured that your case is in the hands of a lawyer who is highly knowledgeable about the Texas divorce and spousal maintenance processes, and he’ll fight for you every step of the way. If you are seeking a divorce in Texas or have a spousal support issue that needs legal attention, please contact us today for a consultation.