Wondering how much alimony in Texas might be? When it comes to spousal maintenance, Texas law outlines specific maximum payable amounts and the length of commitments to pay. Understanding these limits can help you navigate your financial expectations during and after a divorce, ensuring clarity and preparedness for both parties involved.
Whether you are requesting the support or are potentially on the hook to pay spousal maintenance to your ex spouse there are issues to be aware of prior to going to court.
Is there a limit to how much spousal support you can be ordered to pay?
The answer to this question is, yes. The Texas Legislature has set the cap on spousal support payments as $5,000 a month or no more than twenty percent of the paying spouse’s average gross monthly income, whichever amount is lower.
A court does not want to put anyone in a situation where they are having to choose between paying their light bill, electricity, child support or spousal support in lieu of another necessity.
Filing an accurate inventory and appraisal with the court and serving it upon the opposing party ensures that all parties involved in your court case are well aware of your financial status. That way, you can attempt to nip in the bud any unrealistic requests for support before they even occur.
Time limits for spousal maintenance payments
In other words, how long can you expect to either receive or pay spousal maintenance? In short, the court typically expects individuals to pay support or receive support for only a relatively short amount of time, barring any other circumstances. Basically a court will be looking to buy you enough time to earn a sufficient living to provide for your basic needs.
Other circumstances that may result in a longer period of time for you to receive spousal maintenance payments include your having a disability that prevents you from working either part time or full time, your need to be a caretaker for a child who requires around the clock care or any other reason that a court believes will impede upon your ability to provide for your minimum reasonable needs.
Based on my personal experience, I have witnessed a judge awarding spousal maintenance for 10 years in a scenario where the parties had been married for nearly forty years. This is the longest duration a court can grant spousal support. The decision occurred in a case where the opposing party, an executive for an energy company in Houston, faced our client, who had been a stay-at-home mother for many years with no education beyond high school.
Should you just agree with your spouse to pay some amount of spousal maintenance?
After reading the past few blog posts on the subject of spousal maintenance, the thought may have crossed your mind to just agree to some amount of spousal support with your spouse rather than to risk going to talk to a judge on the subject and risk having to pay more money for a longer period of time. Is this wise to do, though?
Obviously, this sort of important financial decision is an important one to get right and the middle of a contested divorce is not necessarily a time period that you will be at your mental peak in terms of concentration and decision making capabilities.
It is difficult to consider paying support for your ex spouse above and beyond what you are already paying in child support (if you have children) and what is already going to your spouse in the property settlement. What’s more- what if your spouse didn’t work at all during your marriage? Should they be entitled to spousal maintenance even if they were at home caring for the children or providing an important service?
Spousal Maintenance Risks: Considerations for Recipients in Texas
Considering these considerations, the risk lies more with the spouse set to receive spousal support rather than the one expected to pay it, as discussed in the initial blog post in this series on spousal maintenance. If your spouse agrees to pay you spousal maintenance, a judge may not always uphold your right to enforce a violation of that agreement, as you must also meet the fairly rigid criteria laid out by the State of Texas for spousal support recipients.
Failure to meet these requirements over and above the agreement entered into with your spouse may put you in an indefensible position in terms of your ability to collect future, agreed upon spousal maintenance payments.
Have complete information available to you before requesting spousal maintenance
In order to increase your bargaining position in terms of requesting spousal maintenance it is essential to be aware of exactly where the family finances are in terms of assets, liabilities and bills. It is not uncommon for the spouse who is requesting spousal maintenance to also be the spouse who does not know anything about the household finances.
Make sure your attorney gets a copy of your spouse’s inventory and appraisement ahead of either your temporary orders hearing or final trial. This way you will know what your spouse does as far as what the household is capable of paying and also what the obligations of the household are.
This other benefit to knowing what the current financial status of your family is that you are able to ask for amounts for child support and division of the community estate that are actually in line with reality, not just your assumptions of what you believe to be the case.
Family Law attorneys for Southeast Texas families: The Law Office of Bryan Fagan, PLLC
Thank you for the opportunity to share this information with you regarding spousal maintenance in Texas divorces. If you have any questions for our attorneys please do not hesitate to contact the Law Office of Bryan Fagan, PLLC. Our licensed family law attorneys stand ready to answer your questions in a comfortable, stress free environment. Consultations are always free and are available six days per week.
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Other Articles you may be interested in:
- Spousal Maintenance in a Texas Divorce: Should I be worried?
- Spousal Maintenance in a Texas Divorce: Court Ordered Maintenance
- Know How to Determine Whether Alimony will be Owed and for How Long, When Preparing for Your Texas Divorce
- 3 Important Facts about Texas Alimony and Spousal Support
- Alimony or Spousal Support and a Disabled Spouse in Harris and Montgomery Counties in Texas
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- Certain behaviors may indicate a spouse is hiding assets
Frequently Asked Questions
Alimony payments in Texas can vary widely depending on the specific circumstances of each case. The Texas Legislature has set the cap on spousal support payments as $5,000 a month or no more than twenty percent of the paying spouse’s average gross monthly income, whichever amount is lower. However, factors such as the length of the marriage, the financial needs of both parties, and the earning capacity of each spouse influence the actual amount awarded.
Calculating alimony in Texas involves a thorough examination of the couple’s financial situation. Courts consider various factors, including the length of the marriage, the standard of living during the marriage, the financial resources of both spouses, and any contributions made by one spouse to the other’s education or career. There’s no one-size-fits-all formula, and the calculation can be complex, often requiring legal expertise to determine a fair and reasonable amount.
The duration of alimony in Texas is typically based on the specific circumstances of the case. The expectation from a court is to provide support for a relatively short amount of time, allowing the recipient spouse to become self-sufficient. However, certain situations, such as disabilities preventing full-time work or caretaking responsibilities for a child, may result in longer alimony periods. The maximum duration a court can award spousal support is up to ten years for marriages that lasted forty years or more.
Obtaining alimony in Texas is not a guaranteed right and can be challenging. Courts consider various factors, and the requesting spouse must demonstrate a legitimate need for financial support. Additionally, the paying spouse’s ability to provide support and the recipient spouse’s efforts to become self-sufficient are also crucial in the decision-making process. While it’s not impossible to receive alimony, it requires careful preparation and skilled representation to present a compelling case.
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.