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How many years do you have to be married to receive alimony in the state of Texas.

Columbus, TX |
Filed under: Divorce Alimony

I have been married for 3yrs 4months. My husband an I have 1 child together. I didn't work for two years of our marriage I was a stay at home mom.

Attorney Answers 3


For Alimony which is different than spousal maintenance, you must be married 10 years. Spousal maintenance is a different animal altogether and is often a negotiated amount in addition to child support.

Hope this helps. If you think this post was helpful, please check the asnwer was a good answer tab below. Thanks. Mr. Geffen is licensed to practice law throughout the state of Texas with an office in Dallas. He is authorized to handle IRS matters throughout the United States and is licensed to practice in US Tax Court as well as The Court of Claims. This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship.

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The answer is found in Texas Family Code Section 8.051 which states that, in general, you must be married ten years. There are exceptions for cases involving domestic violence, or if you must care for a child of the marriage who needs so much care that you really can't work. Please consult with a family attorney in this regard. You will be glad you did.

This answer is for informational purposes only and does not establish the attorney-client relationship. You should always consult a local, experienced attorney for advice and help.

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I agree with Mr. Geffen and Mr. White, and add that an additional ground that does not require the 10-year period, is if you have a physical or mental disability that prevents you from providing for your needs.

The above answer does not create an attorney/client relationship. These responses are merely intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney in your community. The law changes frequently and varies from state to state. You should verify and confirm any information provided with an attorney licensed in your state

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