A Brighter Future For Your Family

Texas often denies alimony, but it is not entirely out of reach

On Behalf of | Jan 16, 2025 | Spousal Support

Getting a divorce typically triggers a cascade of financial effects — most of them negative. Those who are financially disadvantaged compared to their spouse put a lot of faith in obtaining alimony to fill the gap.

However, Texas courts notoriously deny spousal maintenance petitions. Knowing the reasons behind this phenomenon and how to improve your chances of getting this support can make a difference in your bid for alimony.

Why is it hard to get spousal maintenance in Texas?

Texas operates under a presumption against granting alimony, meaning the burden of proof lies heavily on the spouse seeking support. The requesting spouse must show they cannot meet their minimum reasonable needs without spousal maintenance.

They must also meet specific conditions, which can include one or more of the following:

  • The marriage endured for at least ten years.
  • The requesting spouse is incapacitated by physical or mental disability.
  • The requesting spouse is custodian of a child with a disability.

Additionally, the court considers factors like each spouse’s financial resources, age, health and employment history.

Tips for success

You must present a strong petition to win a spousal maintenance award. These tips can help:

  • Provide detailed financial records to clearly demonstrate need.
  • Show evidence you want to improve your finances (through employment or education).
  • Emphasize marital contributions (caring for children or financial contributions).

You can also consider negotiating a contractual alimony agreement directly with your spouse if you believe they may be receptive.

Divorcing in Texas means you must make critical decisions that impact your current and future finances. Among other things, having sound legal guidance can help add strength to your petition.