No. Texas law does not allow a court to order the payment of alimony. However, a court can order “spousal maintenance” under certain circumstances. The couple must have been married more than 10 years and the spouse requesting support must show that he or she lacks the ability to provide for his or her minimum reasonable needs. A spouse requesting maintenance must also show that he or she is either disabled, caring for a disabled child, or lacks earning capacity. In cases not involving disability, spousal maintenance cannot continue for more than three years.
Although a court cannot order a spouse to pay alimony, spouses can agree to contractual alimony. Payment by a spouse would be enforceable as a contract but not as a court order as in the case of spousal maintenance.
If you are considering a divorce and are unsure if you should be the first to file, contact San Antonio divorce lawyer Clint Lawson by calling 210-244-2701 today.