The Unique Aspects of Alimony (Spousal Maintenance) In Texas

Divorce often raises tough financial questions, especially when one spouse earns much less than the other. In Texas, the law treats alimony differently than many people expect. Courts place strict limits on who can receive support, how much they can get, and how long it lasts. If you’re preparing for divorce, it’s worth understanding the unique aspects of alimony that could affect your future income or obligations.

What Is Spousal Maintenance in Texas?

Spousal maintenance is court-ordered financial support that one spouse pays to the other after a divorce. People often refer to it as “alimony,” but Texas law officially calls it “spousal maintenance.” It helps a lower-earning spouse cover basic living expenses while adjusting to post-divorce life.

This support is not automatic. Courts only grant it when specific legal conditions are met, and even then, it comes with strict limits on amount and duration.

Qualifying for Spousal Maintenance

Texas law does not award spousal maintenance just because someone asks for it. A spouse must first prove that they cannot meet their basic needs. After that, one of the following must apply:

• The marriage lasted at least 10 years, and the spouse requesting support lacks the ability to earn enough income.
• The paying spouse was convicted of family violence during the marriage or while the divorce is pending.
• The requesting spouse cannot earn enough income due to a physical or mental disability.
• The requesting spouse is the caretaker of a child with a disability, making full-time work unrealistic.

Each case requires evidence. Courts will not award spousal maintenance based on lifestyle during marriage or emotional reasons alone.

The Role of Family Violence

One of the few automatic triggers for spousal maintenance is family violence. If the paying spouse has a criminal conviction or received deferred adjudication for domestic violence during the two years before the divorce filing or during the divorce itself, the other spouse qualifies for maintenance. This rule applies even if the marriage lasted fewer than 10 years.

Courts take abuse seriously. If proven, this factor can override other financial considerations.

Duration of Spousal Maintenance

Texas limits how long spousal maintenance can last. The court bases the duration on the length of the marriage and the reason the support was granted.

Here’s the standard breakdown:

• 5 years – if the marriage lasted 10 to under 20 years
• 7 years – if the marriage lasted 20 to under 30 years
• 10 years – if the marriage lasted 30 years or more

For cases involving disability or child care needs, support may last as long as the condition continues. However, courts regularly review long-term maintenance and may modify or end it if the situation improves.

Amount of Spousal Maintenance

Texas caps the amount of spousal maintenance. The maximum payment cannot exceed the lesser of:

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

Courts aim to award only what the receiving spouse needs to meet basic expenses. Judges consider both parties’ financial resources, education, work history, health, and efforts to find employment.

Spouses are expected to seek work or improve their job skills through training or education. If the court believes someone isn’t trying to become financially independent, it may deny or reduce support.

Spousal Maintenance vs. Contractual Alimony

Texas allows divorcing spouses to agree on “contractual alimony,” which is different from court-ordered spousal maintenance. This type of support appears in the divorce decree as a private agreement. The court does not enforce it like spousal maintenance.

Key differences:

• Court involvement: Spousal maintenance follows strict legal rules. Contractual alimony gives more flexibility but may not be enforceable through contempt of court.
• Amount and duration: Contractual alimony can go beyond the limits set by Texas law, but enforcement depends on contract law.
• Modification: Spousal maintenance can be changed under certain conditions. Contractual alimony changes only if both parties agree.

It’s important to know which type appears in your divorce decree. Many couples choose contractual alimony to avoid court limitations, but they should consult a lawyer to draft clear and enforceable terms.

When Does Spousal Maintenance End?

Several events can trigger the end of spousal maintenance:

• The ordered period ends
• The receiving spouse remarries
• Either spouse dies
• The receiving spouse cohabits with a romantic partner on a long-term basis

Cohabitation often leads to disputes. If the paying spouse believes the recipient is living with a partner in a marriage-like setup, they can file a motion to terminate support. The court will evaluate living arrangements, shared expenses, and relationship evidence.

Enforcing Spousal Maintenance

If a court ordered spousal maintenance and the paying spouse fails to comply, the receiving spouse can file an enforcement motion. Texas courts can:

• Garnish wages
• Seize tax refunds
• Hold the paying spouse in contempt, which could lead to fines or jail

This only applies to court-ordered spousal maintenance. Contractual alimony requires a different enforcement process and may not involve contempt penalties.

Modifying a Spousal Maintenance Order

A court can reduce or end spousal maintenance if either spouse’s financial situation changes. Common reasons include:

• Job loss
• Disability
• Major income increase or decrease
• Retirement

The paying spouse must file a motion and present evidence of the change. The court will not adjust payments based on verbal agreements. Until the court approves the change, the original order stays in effect.

Tax Rules for Spousal Maintenance

Under current federal law, spousal maintenance is no longer taxable income for the receiving spouse. Likewise, the paying spouse cannot deduct it from their taxes. This change applies to divorce agreements finalized after December 31, 2018.

If your divorce was completed before that date, older tax rules may still apply unless both parties agreed to update the terms.

Is Spousal Maintenance Common in Texas?

Spousal maintenance is rare in Texas compared to other states. Courts only award it when strict qualifications are met, and they often limit the duration. Most divorcing couples resolve support through private agreements or lump-sum property settlements.

Those who want maintenance should prepare strong evidence, including:

• Medical records
• Employment history
• Monthly expenses
• Attempts to get training or jobs

Judges prefer to support temporary needs, not long-term dependency.

Why Legal Guidance Matters

Texas spousal maintenance law includes strict limits, narrow eligibility, and complex rules about duration and enforcement. Couples often misunderstand what they can or cannot ask for. A clear understanding of your rights and obligations helps you avoid mistakes and make better decisions.

Legal guidance helps in cases involving:

• Domestic violence
• Disability
• Long marriages
• Disagreements about contractual alimony

Final Thoughts

Spousal maintenance in Texas has unique limits that make it harder to obtain compared to many other states. It’s not designed to support a former spouse indefinitely. Instead, it helps them meet basic needs while they become self-sufficient. Whether you plan to request support or challenge it, knowing the rules can help you build a stronger case and avoid unexpected outcomes.

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