How Much Alimony Can I Get in Texas?

Money is often the biggest worry when you’re considering divorce in Texas, especially if your spouse has been the primary breadwinner. Despite what you may have heard from friends or seen on TV, Texas approaches alimony (legally called “spousal maintenance”) very differently from other states.

Before you make any major decisions about your divorce, you need to know exactly what support you might be entitled to receive – and what you’ll need to prove to get it.

How Spousal Maintenance Works in Texas

Spousal maintenance in Texas refers to payments made by one spouse to the other during the pendency and after a divorce. Its purpose is to provide financial support to a spouse who may have difficulty meeting their basic needs independently after the marriage ends.

However, it’s important to note that Texas has some of the strictest laws in the country when it comes to awarding spousal maintenance.

Eligibility for Spousal Maintenance

Unlike some states, Texas doesn’t automatically grant spousal maintenance in every divorce case.

To be eligible, the spouse seeking support must prove  they cannot provide for their basic needs either through 1) employment or 2) by utilizing their own separate property assets, and they must meet one of the following criteria:

1. The marriage lasted 10 years or longer, and the seeking spouse lacks the ability to earn sufficient income.
2. The paying spouse was convicted of an act of family violence within two years of the divorce filing or during the divorce process.
3. The seeking spouse has an incapacitating disability that prevents them from earning sufficient income.
4. The seeking spouse is the custodian of a child from the marriage who requires substantial care due to a physical or mental disability, preventing the spouse from earning sufficient income.

It’s crucial to understand that meeting one of these criteria doesn’t guarantee spousal maintenance. The court will still consider various factors before making a decision.

Factors Considered for Awarding Spousal Maintenance by Texas Courts

When determining whether to award spousal maintenance and in what amount, Texas courts consider several factors:

1. Each spouse’s ability to provide for their minimum reasonable needs independently
2. The education and employment skills of both spouses
3. The duration of the marriage
4. The age, employment history, earning ability, and physical and emotional condition of the spouse seeking maintenance
5. The effect on each spouse’s ability to provide for their needs while providing child support payments
6. Acts of marital misconduct, including adultery and cruel treatment
7. Contributions by one spouse to the education, training, or increased earning power of the other spouse
8. The property each spouse brought to the marriage
9. Contributions of a spouse as a homemaker
10. Any history of family violence

These factors help the court paint a comprehensive picture of the marriage and the financial situation of both parties post-divorce.

Duration of Spousal Maintenance

If awarded, spousal maintenance in Texas is typically temporary. The duration depends on the length of the marriage:

• For marriages lasting 10-20 years, maintenance may be awarded for up to 5 years.
• For marriages of 20-30 years, it may last up to 7 years.
• For marriages over 30 years, maintenance may be awarded for up to 10 years.

There are exceptions to these limits. For instance, if the receiving spouse has a disability or is caring for a child with a disability, the court may order maintenance for as long as the condition persists.

Amount of Spousal Maintenance

Texas law caps the amount of spousal maintenance that can be awarded. The limit is the lesser of:

1. $5,000 per month, or
2. 20% of the paying spouse’s average monthly gross income

This cap ensures that spousal maintenance doesn’t become an undue burden on the paying spouse while still providing support to the receiving spouse.

Modifying Spousal Maintenance

Life circumstances can change after a divorce. Texas law allows for the modification of spousal maintenance orders if there’s a substantial change in circumstances for either party. This could include:

• A significant increase or decrease in the income of either spouse
• The remarriage of the receiving spouse
• The cohabitation of the receiving spouse with a romantic partner

If you’re facing a change in circumstances that affects your spousal maintenance arrangement, it’s essential to consult with an experienced family law attorney to understand your options.

Enforcement of Spousal Maintenance

If the paying spouse fails to make court-ordered maintenance payments, the receiving spouse can take legal action to enforce the order. This may include wage garnishment, seizure of assets, or even contempt of court charges against the non-paying spouse.

Prenuptial and Postnuptial Agreements

It’s worth noting that couples can address spousal maintenance in prenuptial or postnuptial agreements. These agreements can set terms for spousal support that differ from what the court might order, provided they meet certain legal requirements. If you’re considering marriage or are already married, discussing these options with a family law attorney can help protect your interests in the event of a divorce.

How Dodson Law Firm, PLLC Can Help

Navigating spousal maintenance issues in Texas can be complex. Whether you’re seeking maintenance or being asked to pay, it’s crucial to have knowledgeable legal representation. At Dodson Law Firm, PLLC, we have extensive experience in Texas family law and can provide the guidance you need.

We can help you:

• Understand your rights and obligations regarding spousal maintenance
• Gather and present evidence to support your case
• Negotiate maintenance terms during divorce proceedings
• Seek modifications to existing maintenance orders
• Enforce maintenance orders if payments are not being made

Our approach is tailored to each client’s unique situation. We take the time to understand your circumstances and goals, then develop a strategy that best serves your interests.

The Bottom Line

Spousal maintenance in Texas is a nuanced area of family law. While the state’s approach is more restrictive than many others, there are circumstances where maintenance may be awarded. Understanding your rights and options is crucial whether you’re going through a divorce or considering one.

At Dodson Law Firm, PLLC, we’re committed to helping our clients navigate these challenging waters. We provide compassionate legal guidance to ensure your rights are protected and your voice is heard. If you’re facing questions about spousal maintenance in Texas, reach out. We’re here to help you understand your options and guide you toward the best possible outcome for your situation.

Contact Dodson Law Firm, PLLC today to schedule a consultation and take the first step toward clarity in your spousal maintenance case.