The 10 year rule in divorce in Texas confuses a lot of people. Some think it means one spouse gets half of everything after ten years. Others think it guarantees alimony. The truth is more specific. In Texas, the 10 year rule mostly affects spousal support. That means money one person pays the other after the divorce. This rule can change the outcome of a divorce if the marriage lasted at least ten years.
Spousal support is not automatic. Texas makes people prove they need it. A judge looks at the facts. Did the marriage last ten years or more? Can the person asking for support earn enough to live on? Did they stay home to raise children? Are they sick or disabled? These are the questions the court asks. The 10 year rule sets a foundation. It tells the court that support can be considered. It does not guarantee it. It opens the door.
Imagine a car engine. Ten years is like the oil light coming on. It signals that something needs attention. A long marriage often means one person gave up time, career, or money to help the other. Maybe they raised the kids. Maybe they followed a spouse across the state or gave up a job offer. After ten years, the law says the court must take a closer look. That is when the 10 year rule matters.
If the marriage lasted less than ten years, the person asking for support has to meet other tests. For example, they must show abuse or violence during the marriage. Or they must show they have a disability that keeps them from working. That makes it harder. But once the marriage hits the ten-year mark, the court can grant spousal support even without abuse or illness. The rule does not say the support must be given. It says the judge may give it if the other person cannot meet basic needs.
The amount and length of spousal support also follow strict limits. In most cases, support is capped at $5,000 a month or 20 percent of the payer’s monthly income. The judge decides how long it will last. If the marriage lasted 10 to 20 years, support may go up to five years. For 20 to 30 years, it may go up to seven. Over 30 years, it may go up to ten. The judge also decides if support can stop early. That might happen if the person getting support remarries or moves in with someone else.
Texas law wants people to become self-sufficient. Support is not meant to punish. It is meant to help someone get back on their feet. A judge might also require the person to look for work or take job training. If they refuse, support can be denied or reduced. Judges want to see effort. They want to see progress.
The 10 year rule does not affect property division. Texas is a community property state. That means anything earned or bought during the marriage belongs to both people. The court splits it fairly. Not always equally, but fairly. That part does not change after ten years. But the longer the marriage, the more complex the financial picture becomes. That is why the rule matters. It reminds everyone that time spent in a marriage has weight.
When the Clock Reaches Ten
Reaching ten years of marriage is a turning point. It brings more rights. It raises more questions. It can make a difference in how a divorce ends. For someone who stayed home, raised kids, or gave up a career, the 10 year rule can help keep life stable after the split.
Divorce Without Guesswork
Divorce is hard. There are numbers. Papers. Emotions. The 10 year rule in divorce in Texas adds another layer. Knowing how it works can protect what matters. A clear plan beats confusion every time.
Call Bourlon Law Firm Today
Need help with spousal support or understanding how the 10 year rule affects your case? At Bourlon Law Firm, we listen and we fight for what’s fair. Call (361) 289-6040 and get the answers you deserve. Every year counts. Make your next move count too.