As Texas family lawyers at The Cook Law Firm & Associates PLLC, we often encounter clients seeking information about spousal maintenance, particularly when they’ve been married for a long time and are facing challenges in earning sufficient income. Here, we will explore the statutory basis for spousal maintenance in Texas, focusing on cases where the marriage lasted at least 10 years and one spouse struggles to earn enough to meet their minimum reasonable needs.
What is Spousal Maintenance in Texas?
In Texas, spousal maintenance, often referred to as alimony in other states, is governed by Chapter 8 of the Texas Family Code. The law sets specific criteria for eligibility, and one of the primary pathways to qualify for spousal maintenance involves marriages that have lasted at least 10 years, coupled with an inability to earn sufficient income.
The 10-Year Marriage Requirement
Texas Family Code Section 8.051(2)(B) outlines that a spouse may be eligible for maintenance if the marriage has lasted 10 years or longer. This duration requirement reflects the legislature’s recognition that longer marriages often involve more significant financial interdependence and potential sacrifices in career development for one spouse.
It’s important to note that the 10-year period is calculated from the date of marriage to the date of filing for divorce. Even if the divorce process takes several years, it’s the length of the marriage up to the filing date that counts for this requirement.
Inability to Earn Sufficient Income
The second part of this eligibility criteria, as stated in the same section of the Family Code, requires that the spouse seeking maintenance lacks the ability to earn sufficient income to provide for their minimum reasonable needs. This is where the court must delve into a detailed analysis of the spouse’s financial situation, skills, and earning capacity.
Texas Family Code Section 8.051 doesn’t provide a specific definition of “minimum reasonable needs” or “sufficient income.” Instead, these concepts are evaluated on a case-by-case basis, considering factors such as:
- The spouse’s education and employment skills
- The time required to obtain sufficient education or training to allow the spouse to earn sufficient income
- The availability of training and employment opportunities
- The employment history, earning ability, age, and physical and emotional condition of the spouse seeking maintenance
Proving Inability to Earn Sufficient Income
For our Texas family lawyers, proving a client’s inability to earn sufficient income often involves presenting detailed evidence to the court.
This might include:
- Employment History: A comprehensive look at the spouse’s work history, including any gaps in employment due to child-rearing or supporting the other spouse’s career.
- Education and Skills: An assessment of the spouse’s educational background and marketable skills, as well as any limitations that might affect their employability.
- Health Considerations: Any physical or mental health issues that impact the spouse’s ability to work should be thoroughly documented and presented to the court.
- Market Conditions: Evidence of the job market in the spouse’s field and geographic area, including typical salaries for positions the spouse might be qualified for.
- Efforts to Gain Employment: Documentation of the spouse’s efforts to find work or improve their earning capacity through education or training.
Duration of Spousal Maintenance
If a spouse meets the eligibility criteria of a 10-year marriage and inability to earn sufficient income, the court will then determine the duration of the maintenance. Texas Family Code Section 8.054 provides guidelines for the duration based on the length of the marriage:
- For marriages lasting 10-20 years, maintenance may be awarded for up to five years.
- For marriages of 20-30 years, maintenance may be awarded for up to seven years.
- For marriages lasting 30 years or more, maintenance may be awarded for up to ten years.
It’s important to note that these are maximum durations, and the court has the discretion to award maintenance for shorter periods based on the specific circumstances of the case.
Amount of Spousal Maintenance
Texas law also limits the amount of spousal maintenance that can be awarded. According to Texas Family Code Section 8.055, the amount of maintenance cannot exceed the lesser of:
- $5,000 per month, or
- 20% of the paying spouse’s average monthly gross income
The court will consider several factors in determining the appropriate amount of maintenance, including:
- Each spouse’s capacity to provide for their own minimum reasonable needs
- The education and employment skills of both spouses
- The duration of the marriage
- The employment history, age, earning ability, and emotional and physical condition of the spouse seeking maintenance
- Any history of family violence
Rehabilitative vs. Indefinite Maintenance
In most cases involving marriages of 10 years or more, spousal maintenance is intended to be rehabilitative. This means it’s designed to provide temporary support while the receiving spouse takes steps to become self-supporting. The goal is to help the spouse transition to financial independence.
However, in some situations, such as cases involving a spouse with a disability or one caring for a child with a disability, the court may award indefinite maintenance. This is addressed in Texas Family Code Section 8.054(b), which allows for maintenance to continue as long as the spouse continues to lack the ability to earn sufficient income due to an incapacitating physical or mental disability.
Modification of Spousal Maintenance
Life circumstances can change, and Texas law recognizes this by allowing for modification of spousal maintenance orders. Under Texas Family Code Section 8.057, either party can request a modification if there has been a material and substantial change in circumstances.
This could include situations such as:
- The receiving spouse gaining employment or increasing their income
- The paying spouse losing their job or experiencing a significant reduction in income
- Changes in the health or disability status of either spouse
Termination of Spousal Maintenance
Texas Family Code Section 8.056 outlines the circumstances under which spousal maintenance terminates. These include:
- The death of either party
- The remarriage of the receiving spouse
- The receiving spouse cohabiting with a romantic partner in a permanent place of abode on a continuing basis
Challenging or Defending Spousal Maintenance Claims in Texas
Whether you’re seeking spousal maintenance or defending against a maintenance claim, having an experienced Texas family lawyer is valuable. Your attorney can help gather and present the necessary evidence to support your position, whether that involves proving an inability to earn sufficient income or demonstrating that the other spouse is capable of self-support.
At The Cook Law Firm & Associates PLLC, our Texas family lawyers have extensive experience handling spousal maintenance cases, particularly those involving long-term marriages and issues of earning capacity. We understand the nuances of Texas spousal maintenance law and can provide the guidance and representation you need to protect your interests.
If you’re going through a divorce after a marriage of 10 years or more and have concerns about your financial future, or if you’re facing a spousal maintenance claim from your ex-spouse, don’t hesitate to seek legal advice. Contact The Cook Law Firm & Associates PLLC today at 210-740-0281 to schedule a consultation with an experienced Texas family lawyer. We’re here to help you understand your rights and options under Texas spousal maintenance law and to advocate for your interests throughout the legal process.