Spousal Maintenance in Texas: Who Qualifies and How Much to Expect

Many people going through divorce in Texas wonder whether they will receive or be required to pay spousal maintenance, sometimes informally called "alimony." Unlike many other states, Texas has historically been one of the most restrictive states when it comes to court-ordered spousal support. Understanding the eligibility requirements, payment limits, and duration caps is critical to planning your financial future after divorce.

Spousal Maintenance vs. Contractual Alimony: What Is the Difference?

Before diving into the details, it is important to understand that Texas recognizes two distinct types of post-divorce spousal support:

Court-Ordered Spousal Maintenance

This is support ordered by the court under Chapter 8 of the Texas Family Code. It has strict eligibility requirements, amount caps, and duration limits. If you do not meet the statutory criteria, the court cannot order it, no matter how unfair the financial situation may seem.

Contractual Alimony

This is a voluntary agreement between the spouses, typically negotiated as part of the divorce settlement. Contractual alimony is governed by contract law rather than family law, which means the parties can agree to any amount and any duration they choose. It is often negotiated during mediation as part of the overall property division strategy.

Contractual alimony offers much more flexibility but carries different enforcement mechanisms. If a spouse fails to pay contractual alimony, the remedy is a breach of contract lawsuit rather than contempt of court.

Who Qualifies for Court-Ordered Spousal Maintenance?

To be eligible for court-ordered spousal maintenance in Texas, the requesting spouse must first demonstrate that they will lack sufficient property after the divorce to provide for their minimum reasonable needs. Then, they must also prove at least one of the following:

1. The marriage lasted 10 years or longer, and the requesting spouse lacks the ability to earn sufficient income to meet minimum reasonable needs.
2. The other spouse was convicted of or received deferred adjudication for family violence during the marriage or while the divorce was pending (no minimum marriage duration required).
3. The requesting spouse has an incapacitating physical or mental disability that prevents them from earning sufficient income.
4. A child of the marriage has a physical or mental disability that requires substantial care and personal supervision, preventing the requesting spouse from earning sufficient income.

It is worth noting that the 10-year marriage requirement only applies to the first category. If family violence, personal disability, or a child's disability is involved, spousal maintenance may be available regardless of the length of the marriage.

How Much Can Be Awarded?

Texas law caps court-ordered spousal maintenance at the lesser of $5,000 per month or 20% of the paying spouse's average monthly gross income. This cap is statutory and cannot be exceeded by the court.

When determining the appropriate amount within these limits, courts consider a variety of factors, including:

• Each spouse's ability to provide for their minimum reasonable needs independently
• Each spouse's education and employment skills, and the time needed to acquire sufficient education or training
• The duration of the marriage
• Each spouse's age, employment history, earning ability, and physical and emotional condition
• Whether one spouse contributed to the other's education, training, or increased earning power
• Whether either spouse excessively or abnormally spent community funds or destroyed community property
• The comparative financial resources of each spouse, including separate property
• Any marital misconduct, including adultery and cruel treatment

How Long Does Spousal Maintenance Last?

Texas imposes strict duration limits on court-ordered spousal maintenance, which are tied to the length of the marriage and the grounds for the award:

• Family violence (any marriage length): Maximum of 5 years
• Marriage of 10 to 20 years: Maximum of 5 years
• Marriage of 20 to 30 years: Maximum of 7 years
• Marriage of 30 years or more: Maximum of 10 years
• Disability of spouse or child: Maintenance may continue indefinitely as long as the disability persists

These are maximum durations. The court may order maintenance for a shorter period if it determines the receiving spouse should be able to become self-supporting sooner.

When Does Spousal Maintenance End?

Court-ordered spousal maintenance automatically terminates upon:

• The death of either party
• The remarriage of the receiving spouse
• The expiration of the court-ordered period

Additionally, if the receiving spouse cohabits with a romantic partner in a dating relationship on a continuing, conjugal basis, the paying spouse can petition the court to terminate or reduce maintenance.

The paying spouse can also petition for modification or termination if there has been a material and substantial change in circumstances, such as a significant change in either party's income or the receiving spouse gaining employment.

Tax Implications

Under federal tax law as amended by the Tax Cuts and Jobs Act of 2017, spousal maintenance and alimony payments are generally not deductible by the paying spouse and not taxable to the receiving spouse for divorce agreements executed after December 31, 2018. This is an important change from prior law and should be factored into any settlement negotiations.

Strategies for Both Sides

If You Are Seeking Maintenance

1. Document your financial needs. Prepare a detailed monthly budget showing your minimum reasonable expenses.
2. Show your efforts to become self-supporting. Courts are more sympathetic to spouses who are actively pursuing education or employment.
3. Consider contractual alimony. If you do not meet the strict statutory requirements for court-ordered maintenance, negotiating contractual alimony through mediation may be your best option.

If You May Be Required to Pay

1. Understand the caps. Court-ordered maintenance has clear statutory limits that protect paying spouses.
2. Negotiate strategically. If contractual alimony is on the table, it may be possible to negotiate terms that are more favorable than what a court might order, such as a lump-sum payment instead of ongoing monthly obligations.
3. Monitor for changed circumstances. If your former spouse remarries, begins cohabiting, or achieves self-sufficiency, you may have grounds to reduce or terminate payments.