For many families, the decision for one parent to stay home and raise the children is the best option. It may be due to economics, not wanting to have the children in daycare, or that it causes less stress on the parents and children.
In some cases, the mother is the family’s primary breadwinner, so the father stays home and raises the children. So, what happens if the couple divorces? Can the man receive spousal support from his ex-wife?
How is spousal support determined in Texas?
In Texas, the court may order alimony (spousal support)as part of a divorce decree. Its purpose is to provide financial assistance to a spouse unable to support themselves after a divorce. The gender of the dependent spouse doesn’t matter.
When determining whether to award spousal support, the court will consider many factors, including the length of the marriage, the couple’s financial resources, and each spouse’s earning ability. The courts will also consider any pre-existing support obligations, such as child support.
In addition to not having enough assets or the ability to support themselves, one of the following conditions must be met:
- There’s a history of family violence by the affluent spouse
- The dependent spouse has a mental or physical disability that prevents them from getting a job
- The couple has been married for at least 10 years (or at least 5 years, if the spouse paying support was abusive).
- A child from the marriage has special needs, and their care prevents the parent from seeking employment.
If you are going through a divorce, we encourage you to speak with someone who can help you understand your rights and advocate on your behalf to ensure you receive the financial support you need to maintain your standard of living.
