Spousal maintenance is complex and often misunderstood in Texas divorce cases. While Texas does not recognize traditional alimony, courts may award limited spousal maintenance to help a spouse meet their minimum basic needs. This blog explains the difference between court-ordered maintenance and contractual alimony, who may qualify and the key factors courts consider when deciding if and how much support must be paid. Whether you’re concerned about eligibility, enforcement or how maintenance is calculated, understanding your rights and obligations under Texas law is essential.
Table of Contents:
- What is spousal maintenance?
- Who qualifies for spousal maintenance in Texas?
- How Texas courts decide on spousal support
- Court-ordered spousal maintenance vs. contractual alimony
- Enforcing spousal maintenance in Texas
- Spousal maintenance and property division
What is spousal maintenance?
In Texas, spousal maintenance refers to financial support a party is ordered to pay to meet the minimal reasonable needs of an ex-spouse who is unable to independently support themself following divorce. The amount of spousal maintenance Texas allows—along with the duration of support—is strictly limited. In addition, Texas is not an alimony state, though some couples will include contractual alimony in their financial settlements.
Is there spousal support in Texas?
Yes, the term spousal support is often used interchangeably with spousal maintenance, which is covered under spousal maintenance Texas laws in the Family Code. Spousal support in Texas is distinctly different than contractual alimony, which is a financial settlement spouses may agree to by contract. Alimony is not required in Texas and there is no mention of it in the Texas Family Code.
Why does spousal maintenance exist under Texas law?
Spousal maintenance was designed to be used as a temporary financial bridge to meet the minimum reasonable needs of a spouse while they take steps to become financially independent following divorce. Steps may include finding a job, going to college or getting training to find a job to support themselves.
Texas spousal maintenance laws were not meant to be a long-term solution, though there are some exceptions. Spousal maintenance may be extended to spouses who have an incapacitating physical or mental condition. Parties who care for a child from the marriage who has special needs may also be eligible for spousal maintenance if the time dedicated to care prevents them from earning enough income to meet their minimum reasonable needs.
Who qualifies for spousal maintenance in Texas?
If you’re going through divorce and expect to get spousal support, Texas spousal maintenance eligibility requirements will need to be met. The requirements set forth in Texas Family Code Section 8.051 are often misunderstood, so it’s important to speak with a family law attorney about eligibility in your case.
Basic eligibility requirements
To qualify for spousal maintenance, Texas residents must meet specific conditions. According to Sec. 8.051 of the Family Code, a spouse may be eligible for maintenance if:
- The spouse ordered to pay spousal support has been convicted of or received deferred adjudication for a criminal act of family violence against the spouse or child during the marriage, or:
- Within two years of filing suit for dissolution of marriage, or
- While the suit is pending.
- The spouse requesting maintenance is unable to earn income to meet their minimum reasonable needs due to a physical or mental disability; or
- The couple has been married for 10 years or more, and the spouse requesting maintenance is unable to earn income to meet their minimum reasonable needs; or
- The spouse requesting maintenance is the custodian of a child the couple shares (regardless of age), who requires substantial care and supervision, preventing the parent from earning income to meet their minimum reasonable needs.
What does “minimum reasonable needs” mean?
There is no definition of minimum reasonable needs in the Texas Family Code because the court considers “needs” on a case-by-case basis. In general, minimum reasonable needs refers to the basic necessities of life, like keeping a roof over your head (rent, mortgage), food on the table, clothes on you back and the lights on (utilities). It may also include transportation costs (car payment, gas, bus fare) and basic healthcare needs, among other necessities determined by the court.
Does family violence impact eligibility?
Yes. When a spouse has been convicted of or received a deferred adjudication for a crime of family violence against his or her family, their spouse may be eligible for spousal maintenance for up to five years following divorce. Spouses receiving maintenance due to family violence don’t need to meet the minimum 10 years of marriage that Texas requires otherwise.
How Texas courts decide on spousal support
Just because you’ve been married for ten years, doesn’t mean you will automatically qualify for Texas spousal support. To determine whether you qualify for spouse support, Texas judges will consider the specific facts of your case and Texas spousal maintenance laws.
Factors judges consider when determining maintenance
When deciding whether to award spousal maintenance in Texas, judges will consider a wide range of factors. These factors include each spouse’s ability to independently meet their minimum basic needs, education and job skills, as well as how long it would take to become self-supporting.
The court also looks at the length of the marriage, each party’s age, health, earning ability and any history of misconduct (financial, infidelity, etc.) or family violence. Contributions to the household, including homemaking, child rearing and supporting a spouse’s career, may also be taken into account.
How is spousal support calculated in Texas?
The maximum monthly spousal maintenance a court can order an obligor (payor) to pay to an obligee (recipient) is $5,000 per month or 20% of the obligor’s average monthly gross income, whichever is less. Gross income generally includes 100% of all wage and salary income, plus any other compensation for personal services.
Interest, dividends, rental income, severance pay, alimony or maintenance from a previous marriage, and retirement benefits also count as income. An experienced divorce lawyer can explain what else is included and help you calculate your or your spouse’s obligation, based on your specific case.
When does support end or get modified?
Judges determine the duration of support on a case-to-case basis and per Texas spousal maintenance guidelines, so support will end when the orders say they do. In most cases, the court will order maintenance for no longer than:
- Five years for marriages lasting between 10 and 20 years (or in cases of family violence).
- Seven years for marriages lasting between 20 and 30 years.
- 10 years for marriages lasting over 30 years.
The court may order spousal maintenance for a longer period of time if a spouse or a child they are caring for has physical or mental disabilities. A spouse can also petition the court to modify spousal support due to a material and substantial change in circumstances, for example a job loss or change in income. Spousal maintenance would also end due to the death of either spouse or if the recipient remarries or cohabitates with an intimate partner.
Court-ordered spousal maintenance vs. contractual alimony
In Texas, spousal maintenance and contractual alimony are two very different things. Courts can order a party to pay spousal maintenance but they can’t order a party to pay alimony.
What is contractual alimony in Texas?
In Texas, contractual alimony is often used as a negotiating tool during divorce. Depending on the case, the parties could agree to a one-time, lump sum payment or installments over time, and payments could include other assets like property or income from a business, among other assets.
Can contractual support be enforced?
Contractual alimony cannot be enforced in family court because there are no laws in the Texas Family Code pertaining to alimony. However, as with other binding contracts in Texas, the parties who agree to a contract involving alimony are bound by the contract’s terms. Should a party not abide by the contract and pay the alimony as stipulated, their ex-spouse could file suit in civil court to enforce the contract.
Enforcing spousal maintenance in Texas
If the court has ordered your ex-spouse to pay spousal maintenance and they don’t comply, you can motion the court to enforce the orders. The consequences for not paying spousal maintenance may include wage garnishment, liens against property and possibly jail time for contempt.
Wage withholding and contempt of court
When a court orders spousal maintenance in Texas, judges usually execute an order directing the obligor’s employer to withhold spousal support from wages earned. Those funds are then paid to the recipient of spousal maintenance. When the obligor refuses or is unable to pay the support, the obligee can file a motion to enforce along with a motion for contempt of court.
The court will consider the party’s ability to pay and any circumstances that prevent them from doing so when considering contempt charges—and associated penalties. If there has been a material and substantial change in circumstances, the party could ask the court to reduce the amount they must to pay moving forward but they would still be required to pay any past support owed.
Spousal maintenance and property division
Property division is a key consideration when spousal maintenance is in question. If you will receive property in your divorce settlement, you will need to prove that it isn’t enough to meet your minimal reasonable needs in order to be eligible for spousal support in Texas. Your divorce lawyer can explain what documentation you will need as proof, like financial documents, health records, work history, education, standard of living while married, etc.
The courts will also look at the liquidity of assets, the tax consequences associated with selling a home, as well as taxes and penalties associated with cashing in retirement accounts before retirement age. If your assets aren’t liquid and/or you’ll take a significant financial hit from cashing in a 401k early, the courts may find spousal maintenance is warranted.
Get the spousal maintenance guidance you need with the Sisemore Law Firm
If you have questions about Texas spousal maintenance, the Sisemore Law Firm’s caring and experienced divorce attorneys in Fort Worth are here to help. Texas spousal support laws can be complicated, so it’s essential to consult a knowledgeable family law attorney if maintenance is at issue in your case.
To schedule a confidential consultation with a divorce lawyer at the Sisemore Law Firm, please call (817) 336-4444 or contact us online.
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