Divorce often brings about significant financial changes for both parties. If you’re getting a divorce in Texas, you might wonder if you’ll have to pay spousal maintenance. Spousal maintenance, called alimony in other states, is money one ex-spouse pays to the other after the marriage ends. Knowing Texas laws about spousal maintenance is important if you’re dealing with divorce.
What Is Spousal Maintenance?
Spousal support or maintenance means court-ordered payments from one spouse to the other after a divorce. This money helps the receiving spouse cover basic needs if they can’t support themselves after the marriage ends. Unlike child support, which is for children, spousal maintenance is specifically for the ex-spouse.
When Is Spousal Maintenance Awarded in Texas?
Texas courts don’t award maintenance for the spouse unless certain conditions are met. The Texas Family Code sets specific rules for when a judge can order it. These include:
- Not Enough Resources: The spouse asking for maintenance must prove they don’t have enough income or property to meet basic needs.
- Marriage Length: Long-term marriages (usually 10 years or more) are more likely to qualify.
- Earning Ability: Maintenance may be awarded if the spouse cannot earn enough due to physical or mental disability.
- Caring for a Disabled Child: If one spouse takes care of a child with a physical or mental disability requiring extra care.
- Family Violence: If the paying spouse was abusive during the marriage or within two years before the divorce filing, maintenance might be granted.
How Is Spousal Maintenance Calculated in Texas?
The amount and length of maintenance depend on several things. Texas law has strict rules about how much and how long payments last. Maintenance cannot be more than:
- 20% of the paying spouse’s average monthly gross income or
- $5,000 per month, whichever is less.
The time frame for payments is also limited based on how long the marriage lasted:
- Less than 10 years: Usually not eligible unless there are exceptions (like family violence).
- 10 to 20 years: Payments can last up to 5 years.
- 20 to 30 years: Payments can last up to 7 years.
- 30 or more years: Payments can last up to 10 years.
When deciding the amount and duration of maintenance, courts look at factors like the receiving spouse’s education, work skills, and contributions during the marriage (e.g., managing the home or supporting the other spouse’s career).
Can Spousal Maintenance Be Modified?
In certain situations, maintenance for the spouse may be modified or ended.
- If the receiving spouse remarries or lives with a new partner, payments might stop.
- If the paying spouse’s financial situation changes a lot, they can ask the court to adjust the payments.
Alternatives to Court-Ordered Spousal Maintenance
Instead of court-ordered maintenance, divorcing spouses in Texas can agree to other options. For example, they might create a private agreement called contractual alimony. This type of arrangement isn’t limited by Texas laws and can offer more flexibility.
Defenses Against Spousal Maintenance Claims
If you believe you shouldn’t pay maintenance, you can use certain arguments in court, like:
- Showing that the other spouse has enough resources to meet their needs
- Proving that the other spouse hasn’t tried to become self-supporting
- Pointing out issues with claims about income, disability, or caregiving duties
Having a good lawyer can help you present these arguments effectively.
Tips for Managing Spousal support Issues
- Keep Financial Records: Track your income, expenses, and assets. These details are important in court.
- Get Legal Help: Work with a family lawyer who understands spousal maintenance laws in Texas.
- Try Mediation: Mediation can help both sides agree on financial arrangements without going to court.
- Stay Updated: Keep up with changes in the law about spousal support.
Last Thoughts
Spousal maintenance can be a complicated part of divorce in Texas. Courts follow strict rules about when and how it’s awarded, balancing the needs of both spouses. Whether you’re asking for maintenance or fighting against it, understanding the laws is important.
By learning about spousal maintenance in Texas and getting advice from a lawyer, you can handle this issue more confidently. Every case is unique, so professional guidance can help you get the best results for your situation.
