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Spousal Maintenance and Temporary Spousal Support in Texas divorces

In Texas divorce cases, spousal maintenance—commonly referred to as “alimony”—is a relatively recent legal development. Texas was the last state to grant courts the authority to order future spousal payments. Prior to 1995, couples could voluntarily agree to such arrangements, but judges were unable to enforce them if the case went to trial. If you’re considering spousal support in your Texas divorce, don’t assume the court will grant it easily. Courts rarely award spousal support, and when they do, they impose strict limits on both the amount and duration of the payments.

Limits of duration and amount that apply to spousal maintenance awards

Spousal maintenance is typically capped at either $2,500 per month or 20% of the obligor spouse’s income, whichever is lower. Additionally, courts cannot extend support beyond three years. This support is designed to aid transition post-divorce, particularly if one spouse was the primary earner. Many of our clients were previously homemakers who had not worked outside the house in many years. For these folks, spousal maintenance can be essential to their post-divorce transition and meet their minimum basic needs.

Are you eligible to receive spousal maintenance?

You might qualify for spousal maintenance or temporary spousal support in your Texas divorce for various reasons. A rare circumstance occurs if the spouse you’re seeking support from has a criminal conviction or deferred adjudication for family violence. These offenses must have occurred within two years before the divorce filing date or during the divorce proceedings. While this is an extreme example of spousal maintenance eligibility, hopefully, it’s not applicable in your situation.

Let’s discuss a more likely reason you may be eligible to receive spousal maintenance due to your divorce. If your marriage lasted ten years or longer and you lack the resources, including property, to sustain yourself and meet your minimal basic needs after the divorce, you would be eligible to receive spousal maintenance. Note, however, that the property and income awarded to you in the divorce counts in this equation. Dividing the community estate may change your financial situation, potentially enabling you to meet your minimum basic needs.

Additional factors are considered in this process as well. For instance, if you cannot support yourself through working a job due to a physical or mental disability, this would give you additional leverage to gain a spousal maintenance award. Likewise, suppose you are the primary caregiver for a child with disabilities that require constant supervision, which keeps you from working. In such circumstances, you are more likely to receive spousal maintenance. Additionally, if your education and work history don’t enable you to earn adequate income in the job market, it’s crucial to request the court to take this into consideration.

How will your divorce court define minimum basic needs?

There is no specific definition of minimum basic needs provided in the Texas Family Code. Lawmakers who created the statute intended to provide a spouse with some temporary income that can help them establish a residence and find work after a divorce.

To receive spousal maintenance or temporary spousal support in a Texas divorce, you must present ample evidence to the judge demonstrating your inability to meet minimal basic needs with your current income and resources. The judge will assess your individual circumstances, including financial and other factors, to determine if spousal maintenance is appropriate for your case.

Suppose you are a spouse who may be on the hook for paying spousal maintenance. In such a scenario, you should note that as a defense against spousal maintenance, you can request the judge to determine the minimum basic needs of your spouse. Subsequently, you can seek additional specific findings regarding the fair market value of the property awarded to your spouse in the divorce. Remember that the community property awarded to your spouse and their separate property count towards assets that can assist your spouse in meeting their minimum basic needs after the divorce.

Is there a way for you to be awarded spousal maintenance even after being awarded substantial amounts of property in your divorce?

From my experience, it is possible that you could win an award of spousal maintenance from a judge even if your awards of property (both community and separate) are pretty substantial. The bottom line is that even if the property awarded to you is significant, it would need to be sufficient to provide for your minimum basic needs.

To make this sort of determination, a court would need to get into a reasonably in-depth analysis of your living situation and what your costs of living are likely to be after the divorce. Additionally, the court will consider your potential income and available resources. Even if you receive property that is difficult to liquidate, the court may still award you spousal maintenance along with a substantial property distribution. Consider also that your education, physical abilities, and inability to work on a full-time basis would also be essential factors.

How do you ask for spousal maintenance in a divorce?

You should request spousal maintenance in your Petition for Divorce. If you did not do so initially, you ought to consider filing an amended petition that includes your request for spousal maintenance.

Remember, obtaining spousal maintenance in Texas is no easy feat. Unless you suffer from a physical or mental handicap that keeps you from working, this presumption will hold in your divorce. Even with this presumption, you can receive spousal maintenance, but you must first prove to the court that you diligently sought employment during the period of separation and pending divorce from your spouse.

For instance- have you applied for jobs during your divorce? If so, you will likely need to produce job applications to prove this to a judge. Have you enrolled yourself in any inexpensive vocational training that could help you bring some of your skills up to date if you haven’t worked in many years? Any materials like this would be beneficial in providing your diligent search for employment rather than a reliance upon spousal maintenance.

Conclusion

While Texas has recently introduced provisions for temporary spousal support, it remains behind other states in offering such options. Securing spousal maintenance in Texas divorce is not guaranteed, as awards are rare and subject to strict limitations. As individuals navigate the complexities of divorce proceedings, understanding the specifics of spousal maintenance in Texas divorce is essential. This knowledge allows for realistic expectations and informed decision-making during what can be a challenging and emotionally charged process.

Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan

If you have any questions about the material shared with you today in our blog post, please do not hesitate to contact the Law Office of Bryan Fagan. Our licensed family law attorneys offer free-of-charge consultation six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law and how the circumstances of your case may interact with the law regarding child support and other family law cases. I appreciate your interest in our law office, and we hope you will join us tomorrow as we continue to post more unique and interesting content on our blog.

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The Law Office of Bryan Fagan, PLLC, routinely handles matters that affect children and families. If you have questions regarding divorce, it’s essential to speak with one of our Houston , TX, Divorce Lawyers right away to protect your rights.

Bryan Joseph Fagan( Attorney )

Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.

Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.

His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.

Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.

Spousal Maintenance and Temporary Spousal Support in Texas divorces