Louisiana
Louisiana recognizes interim periodic spousal support during the divorce process and final periodic support after divorce. Final support is available only to a spouse who is in need and free from fault before the filing of the divorce proceeding. Courts evaluate need, ability to pay, and statutory factors rather than using a mandatory formula.
Eligibility: A spouse seeking final periodic support must generally prove need for support and freedom from fault before the divorce filing. The court also considers the other spouse's ability to pay and the parties' income, means, obligations, health, earning capacity, custody responsibilities, and tax consequences. Interim support has a different standard and focuses more on need, ability to pay, child support obligations, and the marital standard of living.
Texas
Texas uses the term spousal maintenance for court-ordered post-divorce support and imposes some of the nation's strictest eligibility requirements. Unlike many states, support is not presumed based solely on income disparity, and a spouse must first satisfy statutory eligibility thresholds before a court considers amount and duration.
Eligibility: A spouse generally must lack sufficient property after divorce to provide for minimum reasonable needs and satisfy at least one statutory ground. Common grounds include a marriage lasting 10 years or more combined with inability to earn sufficient income, a disabling condition, caregiving responsibilities for a disabled child, or recent family violence by the other spouse. The spouse seeking maintenance bears the burden of proving eligibility.