Spousal Maintenance in a Texas Divorce: Should I Be Worried?

Are you concerned about spousal maintenance in your Texas divorce? Many people have heard divorce horror stories, often involving substantial payments to an ex-spouse. In this article, the Law Office of Bryan Fagan, PLLC breaks down the essentials of spousal maintenance in Texas divorces. We hope to help you better understand if it’s something you should worry about.

Spousal Maintenance in a Texas Divorce: What You Should Know

In a divorce, the primary goal is to establish a fair and equitable arrangement for dividing assets and responsibilities. This is true especially if you have children. Spousal maintenance, also known as alimony in some places, is one component of this process. It entails regular payments made from one spouse to the other after the divorce is finalized.

These payments typically continue for a specific period, as specified in the final divorce decree. Sometimes, it is ordered during the divorce proceedings and may extend beyond the divorce’s conclusion.

When Is Spousal Maintenance Likely to Be Ordered?

In reality, spousal maintenance isn’t commonly agreed upon or ordered by the court. Texas judges are cautious about awarding it. It usually arises in situations where one spouse has limited job prospects due to their role as a stay-at-home parent. An example is when a parent has stayed home to care for children instead of pursuing education or a career. They might receive spousal support as they lack the financial means to support themselves and their children after the divorce.

Types of Spousal Maintenance in Texas

In Texas, arrangements vary, and one type is known as contractual spousal maintenance. Specific laws or mandates do not govern this form. Basically, spouses with the financial capacity can voluntarily enter into a contract for spousal maintenance.

Typically, they agree on a limited period during which the receiving spouse has the opportunity to acquire education, skills, or employment opportunities. However, the ex-spouse’s ability to pay determines the receiving spouse’s right to contractual spousal maintenance, even if the agreement is part of the final divorce decree.

Another type is court-ordered spousal maintenance. Stay tuned for Part Two of our blog series, where we’ll delve deeper into this and other related topics. If you have any questions about spousal maintenance or other family law matters, feel free to contact the Law Office of Bryan Fagan, PLLC. We offer free consultations six days a week, and our experienced attorneys are here to provide guidance in a comfortable and informal setting.

Final Thoughts

In conclusion, while the concept of spousal maintenance in a Texas divorce might initially seem worrisome, understanding the legal criteria and processes can alleviate many concerns. Texas law provides specific guidelines and limitations on spousal maintenance, ensuring it is awarded only when truly necessary and for a defined period. By educating yourself on these factors, consulting with a knowledgeable attorney, and openly communicating with your spouse, you can navigate this aspect of divorce more confidently.


Adobe Stock 62844981[2]If you want to know more about what you can do, CLICK the button below to get your FREE E-book: 16 Steps to Help You Plan & Prepare for Your Texas Divorce

Divorce Wasting Assets[4]If you want to know more about how to prepare, CLICK the button below to get your FREE E-book: 13 Dirty Tricks to Watch Out For in Your Texas Divorce, and How to Counter Them” Today!

  1. Spousal Maintenance in Texas: Maximum payable amounts and length of commitments to pay
  2. Spousal Maintenance in a Texas Divorce: Court Ordered Maintenance
  3. Know How to Determine Whether Alimony will be Owed and for How Long, When Preparing for Your Texas Divorce
  4. 3 Important Facts about Texas Alimony and Spousal Support
  5. Alimony or Spousal Support and a Disabled Spouse in Harris and Montgomery Counties in Texas
  6. Spousal Support, Spousal Maintenance, and Alimony in Spring and Houston Texas and when is it available?
  7. Can I sue my spouse’s mistress in Texas?
  8. My Spouse Has Accused Me of Adultery in my Texas Divorce and I Haven’t
  9. When is, Cheating Considered Adultery in a Texas Divorce?
  10. Sex, Lies, Rock-and-roll, and Adultery in a Texas Divorce
  11. Certain behaviors may indicate a spouse is hiding assets


Categories: Uncategorized

Share this article