Do I have to pay spousal support?

UPDATED: Oct 1, 2022

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Do I have to pay spousal support?

Hi, we have been married for only 4 years and
my wife wants to separate. She doesnt want to
file paperwork and is expecting me to pay
spousal support without any paperwork. From
what I have read, in Texas, she is only entitled
to it if we have been married for 10 years or
longer, history of family violence, or mentally ill
children. None of those apply, so if we officially
divorce I wont have to pay. Am I correct in that

Asked on March 15, 2018 under Family Law, Texas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It is true that in Texas a spouse must meet elgibility requirements before the court will consider awarding spousal support or spousal maintenance if the parties do not agree to support themselves ("freedom to contract"). The inability to work also has to do with her physical or mental capabilities, not just those if a child.  And yes, a ten year marriage is the standard if the other criteria do not apply.  Likely she needs her own lawyer to tell her that. Good luck.

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