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Most people going through a divorce in Texas have heard about spousal support but don’t realize there are two types with very different rules. The difference between spousal maintenance and contractual alimony often surprises people. One is ordered by the court under strict conditions. The other is a private agreement between spouses. Understanding how each one works could impact how you approach property division, financial planning, and negotiation. If you’re unsure which applies to your case, keep reading to learn how the difference between spousal maintenance and contractual alimony could affect your divorce outcome.
What Is Spousal Maintenance?
Spousal maintenance is support ordered by the court. It gives one spouse regular payments after the divorce, but only in specific situations. Texas law makes this hard to qualify for, so not everyone can get it.
Legal Requirements for Spousal Maintenance
To receive spousal maintenance, the requesting spouse must prove that they cannot meet their basic needs. Texas courts also require one of the following conditions to apply:
- The paying spouse was convicted of domestic violence against the other spouse or their child within two years of the divorce
- The marriage lasted at least ten years, and the requesting spouse shows a genuine effort to earn income or develop skills
- The requesting spouse cannot support themselves due to a physical or mental disability
- The requesting spouse cares for a child with a disability, which prevents them from working
Courts do not automatically grant maintenance. Judges take a closer look at each case and limit the amount and duration of payments.
Limits on Spousal Maintenance in Texas
Texas caps spousal maintenance payments at the lesser of $5,000 per month or 20% of the paying spouse’s monthly income. The length of time payments last depends on how long the marriage lasted:
- 5 years for marriages lasting 10 to 20 years
- 7 years for marriages lasting 20 to 30 years
- 10 years for marriages over 30 years
If the spouse receiving support has a disability or cares for a disabled child, the court may order longer support. But they still review it regularly.
What Is Contractual Alimony?
Contractual alimony is support that both spouses agree to without a court requiring it. It becomes part of the divorce settlement and is legally binding. The court does not decide who qualifies or how much should be paid. The spouses decide everything themselves.
This can happen during divorce negotiations or mediation. Some couples agree to support payments in exchange for other concessions. Others may want to offer support beyond what the court would order. Either way, the court can approve the agreement and include it in the final divorce decree.
Key Features of Contractual Alimony
- Flexibility: Couples can agree on the amount, duration, and terms. They can create support that continues longer than the court would allow.
- Enforceability: It becomes a contract. If one spouse doesn’t pay, the other can sue for breach of contract.
- Tax Implications: As of 2019, contractual alimony is not tax-deductible for the paying spouse and not taxable to the recipient, similar to spousal maintenance.
Texas courts do not monitor contractual alimony like they do with court-ordered support. This gives couples more freedom but also more responsibility to follow through.
Major Differences Between Spousal Maintenance and Contractual Alimony
Understanding the differences helps you plan during divorce negotiations or litigation. Here’s how they compare:
Source of the Obligation
- Spousal maintenance comes from a court order. A judge decides it.
- Contractual alimony comes from an agreement between the spouses.
Eligibility Requirements
- Spousal maintenance requires proof of need and legal qualification under Texas law.
- Contractual alimony has no eligibility rules. Anyone can agree to it.
Payment Limits and Duration
- Spousal maintenance has strict limits on how much and how long.
- Contractual alimony has no statutory limits. Couples can agree on higher payments or longer terms.
Enforcement
- Spousal maintenance is enforceable through contempt of court. If the paying spouse doesn’t follow the order, they could face fines or jail.
- Contractual alimony is enforced like any other contract. The harmed party can sue for damages.
Modifiability
- Spousal maintenance can be changed if one spouse shows a material change in circumstances.
- Contractual alimony usually cannot be changed unless the agreement allows it.
Why Some Couples Choose Contractual Alimony Instead
Spousal maintenance is difficult to get in Texas. Many spouses don’t meet the strict criteria, even if they clearly need support. Contractual alimony gives both parties more control. It can also serve as a bargaining chip in dividing property, parenting time, or debts.
Some spouses agree to contractual alimony to avoid the risk of court battles. Others use it to support a stay-at-home parent while children finish school or to provide temporary support during career changes.
Risks and Considerations
Although contractual alimony offers flexibility, it has downsides. Courts don’t enforce it like a support order. If the paying spouse stops sending money, the receiving spouse must file a separate contract lawsuit. That takes time, legal fees, and effort.
Also, once both parties sign the agreement, courts rarely allow changes. Even if financial situations shift, a judge may refuse to modify the terms. Spouses should think carefully and get legal advice before signing anything.
When to Choose Spousal Maintenance
Some divorces benefit more from court-ordered spousal maintenance. This usually happens when:
- One spouse qualifies under Texas law
- You want the support to be reviewable or modifiable
- You expect enforcement issues and want the court to step in if needed
In these cases, spousal maintenance may offer stronger protection and oversight.
When to Consider Contractual Alimony
Contractual alimony may be a better choice when:
- Both spouses agree on fair support terms
- You want support to continue longer than court limits allow
- You use alimony as a negotiation tool
- You don’t meet the legal requirements for maintenance
Contractual alimony often works best for amicable divorces or high-net-worth cases where couples want control over their financial future.
Final Thoughts
The difference between spousal maintenance and contractual alimony in Texas comes down to control, enforceability, and eligibility. Spousal maintenance requires proof and court approval. Contractual alimony relies on mutual agreement. One gives you court protection, the other gives you flexibility.
Whichever path you choose, it’s important to understand the legal and financial consequences. Speak with a Texas divorce attorney before making any decisions. You can protect your interests and avoid unwanted surprises in the future.
Need Legal Support?
If you have questions about spousal maintenance or contractual alimony, contact our team today. We can review your case, explain your options, and help you secure a fair divorce outcome. We serve families across Texas and have experience handling both court-ordered and negotiated support agreements.
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