If you’re contemplating a divorce, you may be confused by terms like spousal maintenance. In Texas, spousal maintenance is the term used to describe what other states refer to as spousal support or alimony. Below, we break down the basics of spousal maintenance, discussing the factors courts consider when determining whether a spouse qualifies to receive spousal maintenance.
What Is Spousal Maintenance in Texas?
What is spousal maintenance? In Texas, spousal maintenance—often referred to as alimony or spousal support in other states—refers to court-ordered payments made by one spouse to support the other after divorce. Unlike some states, where alimony or spousal support is more common, Texas law views spousal maintenance as a limited remedy, only awarded under specific circumstances. Generally, in Texas, spousal maintenance is designed to be short-term, with the length of the marriage playing a significant role in determining if a spouse qualifies for support. The primary purpose is to help the lower-earning or financially disadvantaged spouse maintain the standard of living necessary to support their minimum reasonable needs, which is not necessarily their standard of living pre-divorce.
Who Qualifies for Spousal Maintenance in Texas?
Not everyone going through a divorce qualifies for spousal maintenance. Texas courts consider spousal maintenance only if the requesting spouse meets specific criteria. Under Texas Family Code § 8.051, eligibility hinges on whether:
- The couple’s marriage lasted ten years or longer, and the recipient spouse is unable to meet their minimum reasonable needs;
- The paying spouse has a conviction for family violence against the other spouse or their child within two years of filing for divorce or while the divorce was pending;
- The requesting spouse is unable to earn sufficient income for their minimum reasonable needs due to an incapacitating physical or mental disability; or
- The requesting spouse is responsible for a child from the marriage who requires significant care or supervision due to a physical or mental disability that prevents the parent from earning a sufficient income to meet their needs.
These strict requirements ensure that spousal maintenance in Texas is awarded only in cases of clear financial need. The determination of whether the person requesting spousal support can provide for their “minimum basic needs” is based on a multitude of evidence presented to the court.
However, it is important to know that one spouse may be ordered to support the other under a temporary order while the divorce case is pending, even if the spouse may not qualify for spousal maintenance after divorce.
How Is Spousal Maintenance Calculated?
Texas courts base the amount of spousal maintenance on the paying spouse’s ability to pay, the receiving spouse’s financial needs, and other relevant factors. However, the maximum amount of spousal maintenance a court can order is either 20% of the paying spouse’s gross monthly income or $5,000, whichever is less. Additionally, Texas courts limit the duration of spousal maintenance payments based on the length of the marriage. For example, a court may not order spousal maintenance that remains in effect for more than:
- 5 years for marriages lasting 10-20 years;
- 7 years for marriages lasting between 20-30 years;
- 10 years for marriages lasting over 30 years; and
- 5 years for marriages lasting less than 10 years when the paying spouse was convicted of or received deferred adjudication for a criminal offense that constitutes family violence.
These timeframes ensure that spousal maintenance offers temporary relief, encouraging the receiving spouse to become self-sufficient. However, some circumstances may allow spousal support to be paid longer. If continued support is necessary due to reasons like a physical or mental disability of a spouse or for duties as a parent of a disabled child, the court may order maintenance to be paid as long as that condition lasts.
What Factors Do Texas Courts Consider?
Texas courts weigh several factors outlined in Texas Family Code § 8.052 when deciding the nature, amount, duration, and manner of spousal maintenance payments. Some of these factors include:
- The spouses’ ability to provide for their individual needs;
- Each spouse’s education level and employment skills, and the amount of time needed to seek education or training by the supported spouse to become financially independent in the future;
- The property brought to the marriage by either spouse;
- The length of the marriage;
- The age, earning ability, employment history, and physical and emotional condition of the spouse seeking maintenance;
- The contribution of a spouse as a homemaker;
- Marital misconduct, such as cruelty or adultery, by either person throughout the marriage;
- The impact of child support on the paying spouse’s ability to pay spousal support;
- The contribution of one spouse to the training, education, or increased earning power of the other; and
- Any history of family violence.
Courts also consider any history of domestic violence and any misconduct by either spouse. For example, adultery or financial mismanagement can impact the final determination.
Can Spousal Maintenance Be Modified?
Spousal maintenance can be modified if a material or substantial change occurs after the divorce. For example, if the paying spouse has a significant decrease in income, considerable increase in expenses, or loses their job, they can request that the court modify spousal maintenance.
Need Help with Spousal Maintenance?
Whether you’re seeking spousal maintenance or contesting a claim, the attorneys at Stout Law Firm, PLLC, are dedicated to helping you navigate the divorce process. Spousal maintenance can be complex and we focus on resolving complicated family law matters with compassion, expertise, and individual attention. Contact us today for your initial consultation.
Resources:
- Maximum amount of support, Texas Family Code § 8.054, link
- Duration of support, Texas Family Code § 8.055, link
- Spousal Maintenance (Alimony), Texas Law Help (2023), link
- Texas Alimony & Spousal Support (2024 Guide), Forbes (2024), link
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