After a long Texas marriage ends, the lower-earning spouse may wonder whether a court can order support. Under Texas law, marriage duration is often the first test. In most cases, a marriage must have lasted at least 10 years before a court can consider a maintenance award. Even then, eligibility is not automatic. A spouse must also show financial need and at least one qualifying ground before a court can issue a maintenance order.
How marriage duration affects eligibility
Texas courts may order spousal maintenance when a marriage lasts at least 10 years, reflecting legislative intent to limit court-ordered support to longer marriages. A judge generally cannot order maintenance in a shorter marriage unless a qualifying ground applies. In shorter marriages, spouses may still agree to support in a settlement, but that agreement is contractual, not a court order.
What else courts require before ordering maintenance
Reaching 10 years does not guarantee a maintenance award. The requesting spouse generally must lack enough property to meet reasonable minimum needs. A requesting spouse may meet the eligibility requirement by showing one of the following grounds:
- The requesting spouse lives with an incapacitating physical or mental condition.
- The requesting spouse cares for a child whose disability requires substantial care and substantially limits the spouse’s ability to maintain paid employment.
- After at least 10 years of marriage, the spouse seeking support cannot generate sufficient income to cover basic living expenses.
- The paying spouse was criminally convicted of or placed under deferred adjudication supervision for family violence involving the spouse pursuing maintenance or any child within the household, provided that outcome occurred in the two years preceding the divorce filing or at any point while the case remained active.
Some grounds apply regardless of marriage length, while the income-based ground requires 10 years. Courts weigh each against the requesting spouse’s property and finances. A court may decline if the paying spouse cannot meet their minimum needs. Amount and duration depend on education, work history, age, health and contributions to earning capacity during the marriage.
What to consider before pursuing a maintenance claim
Texas spousal maintenance carries strict eligibility thresholds, and meeting the 10-year marriage requirement is only the starting point. Even when a spouse qualifies, Texas law caps the monthly payment amount and limits how long payments may last, with the duration tied to how long the marriage lasted. Understanding where a particular situation falls within those boundaries requires a careful review of income, property and the specific qualifying ground at issue.
