Divorce: After 10 Years of Marriage

Getting divorced after over a decade of married life is not easy. In this article, we’ll go over the factors of divorce you will need to consider when filing for divorce after at least 10 years of marriage.

Spousal Maintenance and the 10 Year Marriage

Alimony – or spousal maintenance in Texas Law – is rarely awarded in Texas divorces. However, the likelihood of court ordered spousal maintenance increases for couples married at least 10 years. If a requesting spouse is unable to provide for his or her minimal needs due to one of the three following criteria, a court may consider spousal maintenance:

• The requesting spouse is mentally or physically disabled; or
• The requesting spouse must provide substantial care or supervision of a child; or
• The requesting spouse lacks earning capacity in the current labor market.

If the requesting spouse is physically or mentally disabled, a court may award spousal maintenance for life. Otherwise, support can be ordered for a maximum of three years.

Social Security and the 10 Year Marriage

At retirement age, a spouse married for 10 or more years may apply for benefits under the other spouse’s employment record. This process will not affect the ex-spouses benefit nor the benefits a subsequent spouse may receive. If you are considering divorce and are nearing the 10-year mark, consider consulting with an experienced divorce attorney.