Do Stay-at-Home Moms Automatically Get Spousal Support in Texas?

 Posted on July 22, 2024 in Spousal Support

Spousal support can be a complicated topic during divorce, especially if one parent has stayed home to raise shared children through a marriage. Many stay-at-home moms think that they automatically qualify for spousal support in Texas, but there are actually several factors that determine if someone is eligible for spousal support. There are additional determiners for how much spousal support a stay-at-home mom may receive.

A skilled Texas spousal support lawyer can advocate for your rights to spousal support during your divorce.

Qualifications for Texas Spousal Support

In Texas, certain qualifications must be met for an individual to qualify for spousal support. While stay-at-home mothers may have a higher chance of proving that they meet these qualifications, it is important to note that neither spouse in a divorce will automatically be awarded a certain amount of spousal support.

To qualify for spousal support in Texas, you must meet at least one of the following qualifications:

• Your marriage lasted at least 10 years, and you are not able to provide for your financial needs upon divorce

• You have been caring for, and will need to continue caring for, a child with special needs

• You have a physical or mental disability that prevents you from providing for your financial needs upon divorce

• You have been a victim of domestic violence within two years of your divorce case

For many stay-at-home mothers who have not been maintaining a career throughout their marriage, the first qualification is generally the easiest to prove. It can be hard for stay-at-home mothers to start over after a divorce, and many women may not have the career skills necessary to adequately provide for themselves and their children without the assistance of spousal support.

How Long Can I Receive Spousal Support?

The length of time that a person is awarded spousal support depends on the length of the marriage and specific circumstances, such as if one spouse is the caretaker for a special needs child.

• If your marriage lasted between 10 and 20 years, or if you are a victim of domestic violence, you may receive spousal support for up to five years.

• If your marriage lasted between 20 and 30 years, you may receive spousal support for up to seven years.

• If your marriage lasted more than 30 years, you may receive spousal support for up to 10 years.

• If you are the caretaker for a special needs child, you may receive spousal support as long as you are unable to financially provide for yourself while you care for your shared child.

Contact an Austin, TX Spousal Support Attorney

While stay-at-home moms do not automatically get spousal support during a divorce, a skilled Travis County, TX spousal support lawyer can advocate for your right to spousal support. Many stay-at-home mothers need this support to start their lives after divorce, and it takes skilled legal representation to justify the need for spousal support.

At Powers Kerr & Rashidi, PLLC, our attorneys are board-certified in family law, and we will advocate for you to receive the support you need if you have spent your marriage as a stay-at-home mother. Call 512-610-6199 for a consultation.