If I got married and now my husband and I are separated, can I get spousal support?

UPDATED: Mar 22, 2012

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If I got married and now my husband and I are separated, can I get spousal support?

My husband and I are separated; he left me for another woman he doesn’t want to give me the divorce. We lived together for 5 years then we got married 7 years ago nd separated 2 years later. Can I receive spousal support or alimony?

Asked on March 22, 2012 under Family Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Texas will only allow alimony when it is contractually or mutually agreed to by both parties.  However, Texas does have some limited provisions for spousal support-- which is very similar and involves one spouse making payments to the other.  To qualify the receiving spouse has to fit in one of two categores.  The first category involves victims of domestic violence.  The second category is for spouses that have been married ten years or more and do not have the ability to support themselves.  If either of these apply to your situation then you could petition the court for temporary and then entended spousal support.  If neither situation applies to you, then your spouse would have to agree to pay you alimony as part of some type of divorce settlement. 

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