In Texas, most people assume that spousal maintenance only applies to marriages that lasted 10 years or longer. But if you had a shorter marriage, you still have options. This is why understanding what the law allows can help you move forward in your divorce with confidence.
What is the 10-year rule in Texas?
Texas law sets a 10-year threshold for spousal maintenance eligibility. If you were married for 10 years or longer, you can petition the court for financial support when you lack enough income to cover your basic living expenses. Under this rule, you do not need to prove abuse or disability to qualify.
However, if you had a shorter marriage, different requirements may apply. Fortunately, Texas law still provides two pathways that may work for your situation.
Two ways shorter marriages can still qualify
Even if you were married for less than 10 years, Texas law still offers you a path toward spousal maintenance. Here are two exceptions that may apply to you:
- Family violence exception: If a court convicted your spouse of or granted deferred adjudication for a family violence offense against you or your children, you may qualify for maintenance.
- Disability exception: If a disability limits your ability to generate adequate income or if you serve as the primary caregiver of a child with a physical or mental disability who requires substantial care, you may also qualify.
Once you establish eligibility, the next consideration is how long that support may last.
How long can you receive spousal maintenance?
The duration of support usually depends on which exception applies to your case. Under the family violence exception, the court generally caps maintenance at five years.
Meanwhile, under the disability exception, the court may order support for an indefinite period, as long as the disability and the inability to earn income continue. Courts also review these cases periodically to ensure the arrangement stays appropriate.
Thus, knowing how long support can last gives you a clearer picture of what to expect, so the next step is understanding how to pursue it.
Taking the next step
Claiming spousal maintenance during a divorce can feel overwhelming, but knowing your rights is a powerful place to start. Texas courts typically presume that you do not automatically qualify for maintenance, so you bear the burden of demonstrating your eligibility.
This is why building a thorough case takes careful preparation and having knowledgeable guidance throughout the process can prove instrumental to your outcome. The more you understand about the process, the more confidently you can make decisions that protect your financial future during your divorce.