If you’re going through a divorce, understanding alimony in Texas is crucial. Texas refers to it as spousal maintenance, and unlike in other states, it’s not guaranteed. Strict eligibility rules apply, and courts presume against awarding alimony unless certain conditions are met. This guide covers everything you need to know about qualifying, payment amounts, and how long support may last.
What Is Spousal Maintenance/Alimony in Texas?
Spousal maintenance is a court-ordered payment from one spouse to the other after a divorce, designed to help the receiving spouse meet their basic living needs. However, Texas courts presume against granting spousal maintenance unless specific qualifying conditions are met.
Who Qualifies for Spousal Maintenance?
Under the Texas Family Code, a court may award spousal maintenance if one of the following conditions is met:
- Family Violence:
The spouse from whom maintenance is requested has been convicted or received deferred adjudication for a criminal offense involving family violence committed during the marriage, within two years before filing for divorce, or during the divorce proceedings. - Disability of the Requesting Spouse:
The spouse seeking support cannot earn sufficient income due to a physical or mental disability. - Marriage Lasted 10 Years or More:
The marriage lasted at least ten years, and the spouse requesting maintenance cannot provide for basic needs despite efforts to earn income or develop job skills. - Disabled Child of the Marriage:
The spouse has custody of a child with a physical or mental disability that requires substantial care, making it difficult or impossible to work enough to meet basic needs.
Presumption Against Spousal Maintenance
In Texas, there is a rebuttable presumption that spousal maintenance is not warranted unless family violence has occurred. The spouse seeking support must prove that they have made good-faith efforts to earn an income or become financially independent during the separation and divorce process.
Securing spouse support (also known as alimony or maintenance) can be difficult. You are not guaranteed to be awarded it. Texas ha a limited and restricted set of circumstances under which spouse support is awarded, making it harder to obtain compare to some other states.
How Long Does Spousal Maintenance Last?
The duration of a spousal maintenance order in Texas is limited, depending on the length of the marriage and other factors:
- 5 years if married for 10 to 20 years
- 7 years if married for 20 to 30 years
- 10 years if married for 30 years or more
Note: In cases involving family violence or disability, the court may allow a longer or indefinite duration depending on the circumstances.
When Does Spousal Maintenance End Early?
A court-ordered spousal maintenance obligation automatically terminates if:
- Either spouse dies
- The receiving spouse remarries
- The court finds that the receiving spouse is cohabiting in a romantic or dating relationship in a permanent household
Maximum Amount of Spousal Maintenance in Texas
Under Texas law, spousal maintenance payments are capped:
- The monthly payment cannot exceed $5,000, or
- 20% of the paying spouse’s average gross monthly income,
- Whichever is less
Tax Implications of Spousal Maintenance
The tax treatment of spousal maintenance in Texas divorces generally follows these rules:
- The paying spouse may deduct the maintenance payments from their gross income
- The receiving spouse must report the payments as taxable income
- Important: Tax laws are subject to change. Always consult with a tax advisor about the latest rules and how they may apply to your situation.
Final Thoughts
Texas spousal maintenance laws are strict and complex. Whether you’re seeking support or being asked to pay, it’s essential to understand your rights and responsibilities under Texas law.
At the Denis Law Group, we help clients throughout Central Texas, including Bexar County, Travis County, and Comal County, navigate issues of spousal maintenance, child support, and divorce with clarity and compassion.
If you have questions about qualifying for spousal maintenance in Texas, contact our office today to schedule a confidential consultation.