If you are getting divorced, understanding what disqualifies you from alimony in Texas can shape your expectations early in the divorce process. Alimony in Texas is limited, and courts follow strict statutory rules before awarding spousal support. Unlike other states, Texas does not presume that financial support will apply after divorce.

Under the Texas Family Code, judges examine the spouse’s financial situation, available financial resources, earning ability, and the facts surrounding the divorce. A spouse may be disqualified when the court determines they can meet minimum reasonable needs through income or property received in the divorce settlement. Other disqualifying factors include certain forms of marital misconduct, sufficient earning capacity, or contractual limits agreed to before marriage.

Knowing these rules helps you plan for the divorce process and avoid surprises when determining alimony. A family law attorney at Lovett Family Law can assess whether spousal maintenance applies in your situation and help protect your financial interests. Call (521) 956-5356 or complete our online contact form to schedule a consultation.

Is There Alimony in Texas?

In Texas, there is a form of alimony known as spousal maintenance, also referred to as spousal support. Unlike some states, paying alimony in Texas is not automatic. Courts may order financial support only in limited situations, and the spouse seeking alimony must meet specific eligibility standards before any support applies.

Spousal maintenance exists to provide financial support when one spouse cannot meet basic living needs after divorce. Common situations where spousal support may apply include cases involving family violence, a mental disability or physical disability, a long-term marriage, or when a spouse must care for a disabled child and cannot earn sufficient income. The spouse seeking support must also show that available income and property are not enough to cover the minimum reasonable expenses without assistance.

The purpose of spousal maintenance is to help a spouse move toward financial independence, not to create permanent reliance. Courts review each spouse’s financial circumstances, earning ability, and overall financial stability when deciding whether to award support. Because spousal maintenance payments may be treated as taxable income in some situations, judges examine the full financial picture to reach a fair outcome.

A Round Rock spousal support attorney can help you understand whether spousal maintenance may apply in your divorce and explain how courts evaluate eligibility before moving into the specific legal requirements that follow.

Alimony Laws in Texas

Texas Family Code § 8.051 controls when courts may order spousal support. A judge may award maintenance only if the requesting spouse lacks sufficient property to meet minimum reasonable needs and one of the following applies:

• The other spouse committed family violence within two years before the divorce filing or while the case was pending
• The requesting spouse cannot earn sufficient income due to a mental disability or physical condition
• The marriage lasted at least ten years, and the spouse cannot earn sufficient income
• The spouse must care for a disabled child who requires constant supervision

These rules strictly limit alimony eligibility and explain why many divorces do not involve court-ordered spousal maintenance.

How Does Alimony Work in Texas?

In Texas, alimony works by requiring the spouse seeking support to actively request it during divorce proceedings and prove that financial assistance is necessary under Texas law. Courts do not assume that support applies. Instead, the judge evaluates evidence from both spouses to determine whether court-ordered spousal support is appropriate based on need, ability to pay, and the overall financial circumstances involved in the divorce.

The court begins by reviewing the spouse’s financial situation after the divorce, including income, expenses, employment history, education, and access to financial resources following asset division. Judges focus on whether the spouse seeking alimony can meet minimum reasonable needs without assistance or whether short-term financial support is required to prevent hardship.

For example, a spouse who paused their career to raise children may need time to secure employment or complete training. In that situation, spousal maintenance may provide temporary alimony to help cover basic expenses while the spouse works toward earning a steady income.

When a judge approves a spousal maintenance award, the court sets specific terms for spousal maintenance payments, including the payment amount and duration. These decisions center on practicality and fairness, with an emphasis on helping the receiving spouse regain financial stability rather than creating long-term dependence.

Overall, alimony in Texas functions as a limited financial bridge. The goal is to support a spouse’s financial future during a defined transition period while encouraging progress toward financial independence.

How Do You Qualify For Alimony in Texas?

Under Texas alimony laws, the spouse requesting support must prove they lack sufficient financial resources to meet basic needs after divorce, even after income and property received through asset division are considered. Courts also evaluate employment ability, health, caregiving responsibilities, and the length of the marriage to determine whether court-ordered spousal support is necessary to maintain financial stability post-divorce under Texas law.

Requirements For Alimony in Texas

Texas courts may order court-ordered spousal maintenance only when specific legal requirements are met. The court must first determine that the spouse seeking maintenance cannot meet minimum reasonable needs after the divorce, using available income and property. This review includes wages, savings, retirement funds, and other financial resources awarded through the divorce.

Once financial need is established, the court considers whether one of the qualifying situations applies. A judge may award spousal maintenance when:

• The other spouse committed family violence against the requesting spouse or a child of the marriage within two years before the divorce filing or while the case was pending
• The spouse seeking support cannot earn sufficient income due to a mental disability or physical condition
• The marriage lasted at least ten years, and the requesting spouse cannot earn enough to meet basic needs
• The requesting spouse is the custodial parent of a disabled child whose care prevents steady employment

Even when one of these conditions exists, Texas courts continue to evaluate the spouse’s financial situation, education, employment history, and efforts to become self-supporting. Judges must limit spousal maintenance to cases where it is truly necessary and order it for the shortest reasonable time.

These requirements explain why spousal support does not apply in every divorce and why eligibility depends on more than income alone. A Round Rock spousal support attorney can help review these standards, gather the right financial evidence, and present a clear case during divorce proceedings.

What Disqualifies You From Alimony?

Texas has strict requirements under the Texas Family Code. As a result, several factors can prevent someone from receiving alimony. In Texas, you can be disqualified from alimony if you are deemed self-sufficient, if you are at fault for the ending of the marriage, or if you signed a waiver in a prenuptial agreement. You may also be denied support if the court decides you have enough income or assets to cover your basic needs. The judge will review your work history, earning ability, and overall situation. If the court believes you can support yourself without help, alimony may not be awarded.

Not Meeting the Basic Eligibility Requirements

If the spouse requesting the spousal support does not meet the basic eligibility requirements, they will not be allowed to receive it. The spouse must show they cannot meet their own needs after the divorce. They must also prove they cannot earn enough income right away. If these conditions are not met, the court will deny the alimony request.

The Marriage Did Not Last Long Enough

When your marriage did not last long enough, you may not qualify for any spousal support. The length of the marriage will impact your eligibility for alimony. Texas has specific duration requirements, and most spouses must show the marriage lasted at least 10 years. Short-term marriages often do not meet this rule. Those in short-term marriages may struggle to show long-term need or dependence. This makes it much harder to qualify for support.

You Can Meet Your Minimum Reasonable Needs

Following a divorce, if you can meet your own minimum reasonable needs, you will not qualify for alimony in Texas. If you can earn enough income to cover your basic expenses, the other spouse may not have to pay support. The court also looks at the assets you receive in the divorce, such as savings, property, or investments, to see if they help you stay stable on your own. Self-support is central to alimony decisions because the law provides support only to spouses who cannot meet their needs without assistance. If you can maintain your living needs on your own, alimony will not be awarded.

History of Family Violence and Its Impact

A history of family violence can impact the pursuit of spousal support. Under Texas law, a court may award support when the paying spouse was found to have committed family violence. This finding can make the spouse requesting support eligible even if other requirements are harder to meet. When no family violence finding exists, options may be limited, and the spouse may need to qualify under different parts of the statute. A spouse is ineligible for this path to support when no qualifying history exists.

Not Demonstrating Efforts to Become Self-Supporting

A spouse may be denied support if they fail to demonstrate efforts to become self-supporting. Texas law requires the spouse requesting maintenance to seek employment, obtain training, or take steps to earn income when possible. If the court finds that the spouse made no effort to improve their earning capacity, the spouse may not be entitled to support. This rule helps ensure that maintenance is awarded only when the spouse is unable to meet their basic needs.

Lack of Job Search or Employment Efforts

During separation and divorce, the court expects one spouse to show active efforts to find work or training. A lack of job search may limit eligibility for spousal support because the law considers whether the spouse has attempted to improve their earning capacity. Showing initiative helps the courts decide if support payments are genuinely needed. Without an apparent effort from the other spouse, the judge may determine that the spouse can meet their needs without assistance.

Refusing Available Employment or Training

If the spouse seeking alimony is voluntarily unemployed, the court may reduce or terminate alimony payments. This shows the court that the spouse has the ability and opportunity to obtain gainful employment. In maintenance cases, judges view voluntary unemployment or refusal of job training as evidence that the spouse is not making a good-faith effort to support themselves. The court expects each spouse to take reasonable steps to become self-sufficient. When someone chooses not to work or ignores available training, it can significantly harm their chances of receiving support.

Property Division Eliminates the Need for Support

The court will review assets, retirement accounts, and income-producing property to determine whether a spouse needs support. During asset division in Texas, the judge evaluates what each spouse receives in the divorce, including savings, retirement funds, real estate, and any property that generates income. A Round Rock property division lawyer can help explain how these assets affect eligibility for spousal maintenance. If the court finds that a spouse has sufficient property to meet basic needs, they may no longer qualify for maintenance. Property awards such as a home, rental property, or a large retirement account, can eliminate the need for ongoing support, and when property division provides adequate financial stability, the court will not award alimony.

Misconduct That Can Affect Alimony Decisions

Misconduct in a marriage can impact how the court decides on alimony. Actions such as wasteful spending, hiding assets, or behavior that affects a spouse’s financial situation can affect whether you receive spousal support in Texas.

More FAQs About Alimony Disqualification in Texas

Does Adultery Affect Alimony?

Yes, adultery can affect alimony in Texas. When a spouse committed adultery, the court may consider that conduct during alimony negotiations and when awarding alimony. Texas law allows the judge to review marital misconduct as one factor when deciding support. Adultery does not, on its own, guarantee or block support, but it can influence how the court views fairness between spouses.

Can You Lose Eligibility if You Remarry or Cohabit?

In Texas, you will lose your eligibility for alimony or spousal maintenance if you remarry or begin to cohabitate in a marriage-like relationship with someone else. When this happens, court-ordered spousal support must end under Texas law. The court does not need a separate hearing to stop payments once cohabitation or remarriage is confirmed.

What Happens if Your Financial Situation Changes?

If your financial situation changes, you may be able to modify alimony payments. Texas courts allow updates to court-ordered alimony when significant changes affect financial stability. This may occur if income declines, expenses increase, or health issues limit work capacity. A spouse may request new terms when financial assistance becomes necessary or when less support is needed. Providing clear evidence of the change helps the court determine whether a court order modification is appropriate.

When Alimony Can Be Denied Even If You Qualify

There are some instances and relevant factors that can cause you to be denied alimony even if you technically qualify for it. A court may decline to award support if the spouse requesting assistance can still meet basic needs through income, property, or other available resources.

The Paying Spouse Cannot Afford It

When the paying spouse cannot afford to make alimony payments, the court may find that alimony is denied. Texas courts review the paying spouse’s income, debts, and financial obligations before approving any divorce settlement. If the court finds that the spouse cannot meet their basic needs while paying support, the spouse seeking maintenance may not be entitled to maintenance. This ensures that support orders remain fair.

Insufficient Evidence

Documentation and testimony matter in alimony divorce proceedings. Without solid evidence, a spouse seeking spousal support may struggle to prove financial need or eligibility under Texas law. Courts rely on records such as income statements, budgets, medical reports, and work history to determine whether alimony is appropriate. When the evidence is weak or incomplete, the court may deny support. Strong documentation helps the judge understand each spouse’s situation and reach a fair decision.

Failure to Meet Burden of Proof

Courts require substantial evidence before approving a maintenance request. The recipient spouse must show clear evidence of need, limited income, and eligibility under Texas law. Judges look for records that support the request and explain why support is necessary. When the evidence does not meet this burden, the court cannot approve an alimony agreement. Strong, organized proof helps the court understand the spouse’s situation and make a fair ruling.

How a Round Rock Family Law Attorney Can Help

A Round Rock family law attorney can help you through one of the most difficult times in your life when you are going through a divorce. Getting legal guidance can help you avoid mistakes that might end your support early. A qualified alimony attorney can explain how court intervention works, what evidence you need, and how Texas law affects the lower-earning spouse. The attorney can also guide you through the divorce filing, help you understand financial outcomes, and prepare you for court requirements.

Timing matters in spousal support cases. Decisions made early in the divorce process can directly affect whether you receive support, how long it lasts, and how much the court may award. Without proper legal guidance, important financial details can be overlooked or presented incorrectly, which may limit your options. Having an attorney involved from the beginning allows you to protect your financial interests, present clear evidence of need, and respond effectively to challenges from the other side. This level of preparation can reduce stress, improve clarity, and help protect your long-term stability during and after the divorce.

Dedicated Legal Support Through Divorce-Related Proceedings

When you are dealing with a divorce and the related proceedings, you need a dedicated attorney to offer you peace of mind. A skilled advocate can help protect your financial interests and explain how Texas law applies to your case. They can review your income, the length of the marriage, and your need for financial support. This guidance is especially important if you are interested in receiving alimony and want to understand your options. Having steady support during the process helps you make informed decisions about your future.

Speak with Katy M. Lovett About Alimony Eligibility Today

If you are going through a divorce in Round Rock, you need experienced legal assistance to take you through the process. No matter if you are seeking support, dealing with alimony disputes, or need help with a court-ordered spousal maintenance, Lovett Family Law serves Round Rock, Williamson County, and nearby areas. We are committed to guiding you every step of the way and helping you reach an alimony agreement.

Call us today (521) 956-5356 or complete our online contact form to schedule a consultation.