Spousal maintenance in Texas can be tricky, especially with the state’s strict requirements and limits. Unlike many other states, Texas only awards alimony, or spousal support, in limited circumstances so you need to know the rules and options.
In this post, we’ll cover the basics of alimony in Texas—from eligibility and types of support to how to calculate payments—and how working with a Woodlands alimony lawyer can help you protect your rights and assets.
Types of Alimony in Texas
In Texas, two types of alimony are available to divorcing spouses: contractual alimony and court-ordered spousal maintenance.
Contractual Alimony
Contractual alimony is a private agreement between spouses that sets the terms of support after divorce. This type of alimony is flexible, spouses can decide on the amount, duration, and conditions. Often done through a prenuptial or postnuptial agreement or as part of a divorce settlement, contractual alimony is binding and enforceable in court. Since it’s mutually agreed upon, courts will generally uphold these terms even if they exceed the amounts of court-ordered alimony.
Court-Ordered Spousal Maintenance
Court-ordered spousal maintenance is only available in Texas under limited circumstances. The court assesses whether the spouse can meet their ‘minimum reasonable needs’ to determine eligibility for spousal maintenance. This type of alimony is awarded when a spouse can prove they have a financial need they cannot meet on their own and generally the marriage must have lasted at least 10 years. Exceptions are domestic violence, disability, or care of a disabled child. Court-ordered maintenance is capped at the lesser of $5,000 per month or 20% of the paying spouse’s gross income. Failure to comply with court-ordered maintenance can result in serious legal consequences including fines and jail time so it’s a structured but strict form of support.
Eligibility Criteria for Court-Ordered Alimony in Texas
In Texas, court-ordered alimony or spousal maintenance is only available under limited circumstances. Below are the main criteria that must be met for a spouse to be eligible for this support. The court assesses whether a spouse can meet their minimum reasonable needs, considering factors such as financial hardship or caregiving responsibilities.
Minimum Marriage Duration
To be eligible for court-ordered alimony in Texas, the marriage must typically have lasted at least 10 years. This minimum duration reflects the state’s reluctance to award spousal maintenance so it’s only available to those in long-term marriages. Shorter marriages rarely qualify unless it’s domestic violence or other extraordinary circumstances.
Economic Need
The spouse seeking alimony must show they cannot meet their basic needs without support. This requirement is to ensure only those who truly need assistance are considered for alimony. Courts will look at whether the spouse has sufficient property or sufficient income to support an acceptable standard of living.
Special Circumstances
Certain special circumstances may allow a spouse to qualify for alimony regardless of the length of the marriage. These are situations where the requesting spouse has a physical or mental disability, is the primary caregiver of a child with special needs, or has been a victim of domestic violence. In these cases, the court may determine alimony is necessary to support the spouse’s specific needs or responsibilities.
Factors Considered in Alimony Decisions in Texas
For alimony in Texas, the court will consider several factors in determining the amount and duration of alimony. These factors are to ensure fairness and address the financial needs and circumstances of both parties.
It is also important to consider financial planning for spousal support payments.
Financial Independence
The court will look at each spouse’s ability to support their own basic needs after divorce. If a spouse seeking maintenance doesn’t have the resources or ability to generate enough income, this may impact the court to award alimony.
Education and Employment Skills
The education and job skills of the spouse requesting alimony are a big factor. The court will look at the time and effort required for that spouse to get the education or training to become self-sufficient.
Length of the Marriage
The length of the marriage is a big factor in alimony decisions. Longer marriages are more likely to result in alimony as it’s assumed a spouse may be more financially dependent after a long-term marriage.
Health and Age of the Spouse
A spouse’s age and health can impact the court’s decision. Older spouses or those with health issues that prevent full employment may have a stronger case for alimony as their ability to work may be limited.
Contributions to the Household
Contributions by one spouse to the household such as supporting the other’s career or being the primary homemaker are considered. If one spouse helped advance the other’s career or sacrificed their own career prospects the court may award alimony as compensation.
Misconduct or Financial Waste
If there is evidence of financial misconduct such as hiding assets or reckless spending the court may take that into consideration. Wasteful behavior that has affected marital assets can impact alimony awards.
Domestic Violence History
A history of domestic violence in the marriage is taken into consideration by the court. If abuse has been proven it can impact the decision in favor of the abused spouse as their financial independence may be affected by the circumstances.
Calculating Alimony in Texas
Alimony in Texas has specific limits and guidelines to calculate alimony to ensure fairness and prevent an excessive burden on the paying spouse.
In Texas, a court may order one spouse to pay spousal maintenance if the marriage lasted at least 10 years, the spouse seeking maintenance lacks sufficient property to provide for their minimum reasonable needs, or if there is a history of family violence.
Income Cap
Alimony in Texas is capped at the lesser of $5,000 per month or 20% of the paying spouse’s gross monthly income. This cap is to ensure alimony is manageable and based on the player’s ability to contribute without undue hardship.
Calculation Formula
To calculate alimony, the court takes the paying spouse’s gross annual income, divides it by 12 to get the monthly income, and applies the 20% limit. For example, if the paying spouse earns $100,000 a year the monthly income is $8,333 and the max alimony would be $1,666 per month since it’s below the $5,000 cap.
Exceptions to the Standard
Exceptions apply if there is a severe disability, child care of a disabled child, or family violence. In these cases, the court may extend the duration or adjust the alimony amount to address the needs of the receiving spouse.
Duration of Alimony Payments
Alimony in Texas is generally limited in duration as the state wants to provide short-term financial support to the receiving spouse. However, the length of time varies depending on the circumstances and length of the marriage.
Post-divorce spousal maintenance, which is rehabilitative in nature, is designed to assist spouses who struggle to earn income after divorce.
Standard Duration Limits
Alimony in Texas has specific limits based on the length of the marriage. 10-20 years of marriage is 5 years of alimony, 20-30 years is 7 years of alimony and over 30 years is 10 years of alimony. These limits are to encourage the receiving spouse to become financially independent within a reasonable time frame. The paying spouse has a legal obligation to pay spousal support within these standard duration limits.
Exceptions for Severe Disability or Caregiving Needs
In some cases, the court can extend alimony beyond the standard limits. If the receiving spouse has a severe disability or is the primary caregiver of a disabled child from the marriage the court can order indefinite alimony to ensure long-term financial needs are met. This exception applies only if the spouse’s ability to become self-sufficient is severely limited due to the circumstances.
Impact of Family Violence
If family violence has occurred, especially within 2 years of filing for divorce or during the divorce process the court can grant alimony regardless of the length of the marriage. This may not always extend the alimony period but it gives the court more flexibility to award alimony in cases of abuse and prioritize the receiving spouse’s financial security after the divorce.
Alimony Termination
Alimony in Texas ends when the court-ordered duration is up unless the court says otherwise. Alimony also terminates if the receiving spouse remarries or enters into a long-term cohabitation. Alimony also ends upon the death of either spouse so it’s a temporary solution to help the recipient become self-sufficient.
Contact an Experienced Alimony Attorney in The Woodlands ASAP!
If you’re facing questions about alimony in Texas or need guidance on securing a fair arrangement, reach out to our team at Bolton Law. While there are formulas for calculating child support in Texas, there is no such formula for alimony, making legal guidance crucial. Our experienced attorneys are here to help you navigate the complexities of Texas alimony laws and advocate for your financial well-being every step of the way.
Contact us at 281-351-7897 for a free case consultation today!
