Texas law requires couples to be married for at least 10 years before a court can award spousal support. If your marriage lasted less than a decade, this rule can feel discouraging. However, the law does recognize exceptions and you may still qualify.
Three exceptions that may apply to you
Even if your marriage lasted under 10 years, Texas law still gives you a path to spousal support. The state recognizes three specific exceptions to the 10-year requirement that may apply to your situation. Here are the three exceptions that could make you eligible:
- Family violence: If your spouse received a guilty verdict or deferred adjudication for a domestic violence crime targeting you or your child in the two years leading up to or during your divorce, the court recognizes that the offense may have affected your safety and financial stability.
- Disability: If a health condition or disability leaves you unable to generate sufficient income to cover your everyday living expenses, the court acknowledges that your situation may limit your ability to become self-supporting, regardless of how long you were married.
- Child care: If you are the primary caregiver for a child from the marriage whose physical or mental disability means they need intensive daily care and oversight, the court understands that your caregiving responsibilities may prevent you from fully supporting yourself.
If any of these exceptions apply to you, spousal support may be within reach. However, qualifying is just one part of the process. You should also understand the limits that apply to support for shorter marriages.
What limits apply to your support?
In relation to the following exceptions above, Texas law also sets clear boundaries on how much support you can receive and for how long. Here are the two key limits that apply:
- Duration cap: Courts must order support for the shortest period necessary for you to become self-supporting, with a maximum of five years. The goal is to give you time to get back on your feet, not to create a permanent arrangement.
- Financial cap: Monthly payments cannot go beyond $5,000 or 20% of your ex-spouse’s gross monthly income, whichever is less. This cap ensures that support stays proportionate to what your ex-spouse can provide.
Thus, knowing these limits gives you a clearer picture of what to expect as you move forward.
What if these exceptions do not apply to you?
Not every situation fits neatly into a specific exception and that is normal. The rules around spousal support can feel complex and not qualifying under one path does not always close every door. Every case has its own set of facts and understanding how Texas law applies to yours can open up options you may not have considered. This is why taking time to fully explore your situation is always a step in the right direction.