Alimony in Texas is officially called spousal maintenance, but it is not a guaranteed responsibility during a divorce. On this page, we will guide you through the process of qualifying for alimony, who qualifies for alimony, how much, how long and what the law says.
As a family law attorney in Houston, TX, I have decades of experience, skill and knowledge helping clients with spousal maintenance approvals and defense.
If you have questions about alimony, you can call now to schedule your free consultation today.
How Is Spousal Maintenance (Alimony) Defined in Texas?
In Texas, a judge will order spousal maintenance, which outlines how much, how long and other conditions.
- Spousal maintenance is legal financial support of your ex-spouse, which will be ordered by a court.
- Contractual alimony – This is where the courts will rely on voluntarily signed contracts, such as a prenuptial agreement. Important note: these must be drafted professionally, and without error. You can read more about prenuptial agreements here.
Who Qualifies for Spousal Maintenance?
The court follows strict conditions when enforcing spousal maintenance. In order to receive maintenance, there are two primary factors that must be met, which can be found under Texas Family Code § 8.051:
- The spouse requesting support must lack sufficient property (including separate assets) to meet their needs (these needs must be considered reasonable by the courts).
- One of the following must apply to receive spousal maintenance:
- A spouse committed family violence with a 2 year time period before filing or while the proceeding for spousal maintenance is pending.
- You have a disability, and cannot support yourself.
- The marriage lasted 10 years or more and you lack the ability to earn.
- You are caring for a child with disabilities, which requires substantial care.
Contrary to popular belief, spousal maintenance is not automatic during a divorce. Texas courts will only award maintenance if there is clear need and circumstances justify it.
How Much And How Long
There are restrictions on how long or how much, similar to child support. This information can be found under Texas Family Code §§ 8.052–8.055:
- How Much: Maintenance cannot amount to more than 20% of the payer’s gross monthly income or exceed $5,000—whichever is less.
- How Long:
- Up to 5 years if you were married from 10–20 years or if family violence is documented
- Up to 7 years if you were married 20-30 years
- Up to 10 years if you were married for 30 years or more
- There is no time limit if you are disabled or caring for a child with disabilities – discussed under § 8.054
- The court takes into consideration each spouse’s property, earning capacity, health, child support, and misconduct during the marriage.
Can You Modify or Terminate Spousal Maintenance
Spousal maintenance can be modified if circumstances change, and this is discussed under § 8.057, which outlines when you can seek modification or termination:
- A spouse’s income has changed significantly
- The payee has remarried or is living with somebody else (family/intimate partner).
- If a party has become disabled or has the ability to work
Contractual Agreements
We often help couples draft private agreements during a divorce, which are integrated into the divorce. These agreements will cover amounts or durations that are longer or shorter than the law allows. They can be integrated into a divorce decree, but they must be structured properly in order to be legally binding.
Our Approach to Alimony
If you choose our law firm to assist you with your divorce and spousal maintenance, we will begin by first understanding the history of the marriage, why it ended, finances and your goals Whether you are seeking maintenance or defending against a claim, we promise to:
- Conduct a thorough and full analysis of both parties income, property, and needs
- Investigate and formulate an argument, with evidence, based on Texas Family Code standards
- Discuss and implement planning and strategy where alimony, property division and custody are involved.
We have the skill, experience and Local court experience you need during this entire process. We are here for you every step of the way.
We ensure fairness, and take into consideration the entire picture when assisting you through this process.