Skip to content
When it comes to common concerns during divorce, spousal maintenance often tops the list. If you’re facing the end of your marriage, you’ve likely wondered how to get spousal maintenance in Texas—or whether you might have to pay it. Understanding the legal standards is essential. Texas law outlines specific conditions under which one spouse may receive post-divorce financial support. Whether you’re seeking maintenance or defending against it, knowing the eligibility requirements, duration limits, and the court’s evaluation criteria can make a big difference. By learning how to get spousal maintenance in Texas, you position yourself to make informed decisions and protect your financial future.
How easy is it to get spousal maintenance ordered by a judge?
Let me start by telling you that most divorces in Texas do not end up going before a family court judge. The vast majority of cases wind up settling before a trial. Be it in mediation or in informal settlement negotiations between you and your spouse, the odds that you and your spouse go before a judge and have a good old-fashioned divorce trial are slim to none.
Why Spousal Maintenance Rarely Goes to Trial
Television and movies often suggest that every lawsuit ends up in a dramatic courtroom trial. Your friends and relatives may have also told you horror stories about divorce trials that have gone wrong. Block out their stories, and instead focus on the likelihood of your case going to trial as being very, very low.
A judge orders spousal maintenance during a divorce trial. This order typically goes against the wishes of one spouse. However, even though the judge holds the authority to require spousal maintenance, the court never guarantees that outcome.
Spousal Maintenance Limits and Legal Boundaries
Even if you are ordered to pay spousal maintenance, the amount that you are on the hook for is not likely to be a huge sum of money. First of all, a judge cannot order you to pay money that you don’t have. Second, the law limits the amount of money that you would be responsible for paying on a monthly basis. There are limits to how much and how long you have to pay spousal maintenance for. There are also conditions that can go into place after the divorce that can eliminate your need to pay at all.
Clients often ask me whether they can receive spousal maintenance from someone they never married. As more couples live together and raise children without marrying, this question comes up more frequently. Texas law is clear—you cannot receive spousal maintenance from a person unless you were legally married to them.
What is the basis for the limits on spousal maintenance?
Texas was one of the last states in the country to create a law that allows for the payment of spousal maintenance as ordered by a judge. Texas law limits the circumstances under which a judge can order spousal maintenance. Most judges in Texas exercise caution and show reluctance to grant spousal maintenance, even when the law’s limited conditions are met.
If you are in a position where you believe that you may have to pay spousal maintenance at the conclusion of your divorce, you can take solace in the knowledge that spousal maintenance, if ordered, does not last forever, and there is a limit to how much you can pay per month.
How Community Property Affects Spousal Maintenance
Texas law limits judges from awarding substantial spousal maintenance because it follows community property principles. The state presumes that both spouses jointly own all property acquired during the marriage. As a result, the court divides these assets between spouses at the time of divorce, reducing the perceived need for ongoing financial support.
Even if you have never worked a day in your marriage, you have just as much of a claim to any of that community property as does your spouse. Think about real estate, personal property, income, bank accounts, investment, retirement accounts- these are all examples of community property that you have a right to even if you did not contribute one dime.
Why Texas Limits Spousal Maintenance Awards
Unlike many states, Texas doesn’t divide property based on which spouse earned it. The law treats both spouses as equal owners of community property, regardless of whose name is on the account or who contributed financially. That means you still have a claim to assets like a 401(k), even if you didn’t earn or deposit the funds directly.
For these reasons, Texas law remains more restrictive regarding spousal maintenance. The state assumes that the non-earning spouse already has a strong opportunity to receive a fair share of the community estate. Courts often view the need for additional financial support as less critical because they treat both spouses as equal owners of marital property.
Self-sufficiency is the goal of temporary spousal maintenance
It should not surprise you that our state’s laws are based on the idea that it is better for you to be able to provide for yourself and your family rather than to rely on another person or the government. Call it self-sufficiency, call it bootstrapping, call it the American spirit of hard work. It is best for you to be able to go out and find work after your divorce than to be reliant on payments from your ex-spouse.
Spousal maintenance payments are temporary and help you to get back into the job market, earn a certification, go back to school for a short time, etc. Once you have done what you have to do in order to be more attractive in the job market, the spousal maintenance should have just about run its course. Of course, lawmakers understand that receiving financial support might discourage someone from seeking employment altogether. That is another reason why the laws restrict how much spousal maintenance you can receive and for how long you can receive it.
Can you agree to some form of payment to be made with your spouse?
Yes, you and your spouse can agree to post-divorce payments without going to trial. You don’t need to meet the ten-year marriage requirement or follow spousal maintenance limits if both of you settle on terms voluntarily.
The agreement to pay alimony functions like a contract between you and your spouse, and the law enforces it accordingly. Keep in mind that whatever you write into your final decree of divorce, when it comes to alimony, will be what a court reviews if you or your spouse need to file an enforcement or modification lawsuit in the future.
I would tell you that knowledge of the laws regarding court-ordered spousal maintenance can help you to be able to create workable settlement terms for your agreed-upon alimony. For instance, how long do you want the alimony to last? How much should you stand to receive per month? How is your ex-spouse supposed to pay you? These are all details that you need to work out in case one of you needs to go back to court for any issue related to alimony.
Conclusion
In conclusion, understanding how to get spousal maintenance in Texas empowers you to approach your divorce with greater clarity and preparation. Courts do not grant support automatically—you must meet strict eligibility requirements and present strong evidence. Whether you’re seeking financial assistance or defending against a request, knowing the legal standards and your rights is essential. With the right legal guidance and a clear strategy, you can navigate the process effectively and secure an outcome that protects your financial future.
eBooks
If you want to know more about what you can do, CLICK the button below to get your FREE E-book:
Other Articles you may be interested in:
- Spousal Maintenance in a Texas Divorce: Court-Ordered Maintenance
- Assessing Spousal Maintenance Guidelines in Texas
- What impact did the legislative changes of 2021 have on spousal maintenance in Texas?
- Can I sue my spouse’s mistress in Texas?
- The Simplified Process for an Uncontested Divorce in Texas
- Roadmap of Basic Divorce Procedure in Texas
- Child Custody Basics in Texas
- 6 Mistakes that can Destroy Your Texas Divorce Case
- 10 Quick Tips About Parental Visitation
- Does it Matter who Files First in a Texas Divorce?
- Can spousal maintenance be ordered after a divorce has been finalized?
