Can I Get Spousal Support If I Was a Stay-at-Home Parent?
Spousal support, also called spousal maintenance and alimony, is a main component of most divorce proceedings. The process of seeking spousal support can be complicated, especially when one parent stays home during much of the marriage to raise the children.
A common misconception is that you automatically receive alimony in a Texas divorce if you were a stay-at-home parent, but that is not the case. An experienced Dallas spousal support attorney will guide you through determining eligibility and how much you could receive.
How Do I Qualify for Alimony in a Texas Divorce?
Texas law outlines the requirements for maintenance in a divorce. As a stay-at-home parent, you have a greater chance of receiving spousal support, but you still need to meet the qualifications. The simplest way to find out if you qualify is to talk to a knowledgeable attorney who will assess the details of your marriage history and current situation to offer insight, but in general, Texas law mandates that at least one of the following apply to your case:
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You were married for at least 10 years and cannot provide for yourself financially after the divorce, and you must have attempted to become self-supporting during the divorce or separation.
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You or your child was the victim of domestic violence within the two years before you filed for divorce.
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You have cared for and will continue to care for a child with special needs.
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You have a disability that would prevent you from providing an income for yourself.
Starting over after divorce can be especially difficult for someone who has been out of the public workforce for an extended period. As a stay-at-home parent, you have been doing one of the hardest jobs a person can do, and Texas law recognizes the sacrifice you made to serve the best interests of your children.
How Long Does Spousal Support Last in Texas?
Generally, the length of your marriage will dictate how long you can receive spousal support. For example, if the duration of your marriage was 10-20 years, you could receive alimony for five. For marriages that last for 20-30 years, support can last for up to seven, and if your marriage was longer than 30 years, you may receive support for up to 10 years. If you care for a child with special needs, the court may award you alimony for as long as you are caring for the child and unable to financially support yourself because of your role as the caregiver.
While receiving support, situations can arise that may call for a modification of the alimony order. Typically, requests for modification occur in cases involving long-term support, but either of you has the right to petition for an amendment to the original order. Whoever files is responsible for proving that a change is necessary.
Contact a Dallas, TX Spousal Support Attorney Today
If you have questions about your ability to receive spousal support during divorce, the Tarrant County, TX alimony lawyer at the Law Office of Michelle Poblenz can help you understand the requirements. With over 25 years of experience guiding families through the divorce process, our firm has seen every possible legal issue in family law. Call 469-845-3031 today and arrange an initial consultation to learn more about how we can help.




