At The Cook Law Firm & Associates PLLC, we regularly hear questions about alimony in Texas. It’s important to understand that in Texas, what many people refer to as “alimony” is actually called “spousal maintenance.” Maintenance can have a significant impact on the quality of your life after a divorce, and the assistance of a Bexar County divorce lawyer can ensure that your rights are protected. Read on to learn more about how spousal maintenance works in Texas.
What is Spousal Maintenance in Texas?
Spousal maintenance, commonly known as alimony in other states, is a form of financial support that one spouse may be ordered to pay to the other following a divorce. In Texas, spousal maintenance was originally designed to protect homemakers who may have sacrificed their careers to support their families and might struggle to support themselves immediately after a divorce.
Spousal maintenance is not automatically awarded in Texas divorces. It must be specifically requested during the divorce proceedings. Our San Antonio family attorneys always advise clients to consider whether they might be eligible for spousal maintenance and to ensure it’s addressed during the divorce process if appropriate.
Purpose of Spousal Maintenance
The primary purpose of spousal maintenance is to provide temporary financial support to a spouse who lacks sufficient property or income to meet their reasonable needs after divorce. It’s intended to help the receiving spouse become self-supporting within a reasonable period of time.
Spousal maintenance can serve several purposes:
- To provide financial support for a spouse who sacrificed career opportunities for the family
- To allow a spouse to gain education or job skills to become self-supporting
- To help maintain a standard of living similar to that enjoyed during the marriage, if possible
Eligibility for Spousal Maintenance
Determining eligibility for spousal maintenance in Texas can be complicated. There are several factors that the court considers when deciding whether to award spousal maintenance.
Generally, to be eligible for spousal maintenance, the requesting spouse must lack sufficient property to meet their reasonable needs, and one of the following must be true:
- The marriage lasted ten years or longer, and the requesting spouse lacks the ability to earn sufficient income to meet their reasonable needs
- The requesting spouse has an incapacitating physical or mental disability
- The requesting spouse is the custodian of a child of the marriage who requires substantial care and supervision due to a physical or mental disability
- The spouse from whom maintenance is requested was convicted of or received deferred adjudication for a criminal offense that constitutes an act of family violence
Duration of Spousal Maintenance
In Texas, spousal maintenance is typically temporary. The duration depends on several factors, including the length of the marriage and the circumstances of the case.
For marriages lasting 10-20 years, maintenance may be awarded for up to five years. For marriages lasting 20-30 years, it may be awarded for up to seven years. For marriages lasting 30 years or more, maintenance may be awarded for up to 10 years.
However, if the spouse seeking maintenance is unable to earn sufficient income due to an incapacitating physical or mental disability or is the custodian of a child with a disability, the court may order maintenance for as long as the disability continues.
Amount of Spousal Maintenance
Texas law caps the amount of spousal maintenance that can be awarded. The maximum amount is either $5,000 per month or 20 percent of the paying spouse’s average monthly gross income, whichever is less.
Factors Considered in Awarding Spousal Maintenance
When determining whether to award spousal maintenance and, if so, how much and for how long, Texas courts consider several factors. These include:
Each Spouse’s Ability to Provide for Their Own Needs
The court will look at the financial resources available to each spouse after the divorce. This includes income from all sources, as well as any property awarded in the divorce settlement. The goal is to understand whether each spouse can meet their basic needs independently.
Education and Employment Skills of Both Spouses
The court considers the education level and job skills of each spouse. If one spouse has limited education or job skills due to focusing on homemaking or child-rearing during the marriage, this could influence the court’s decision on spousal maintenance.
Duration of the Marriage
The length of the marriage is a significant factor. In Texas, marriages must generally last at least ten years for a spouse to be eligible for maintenance unless other qualifying conditions are met.
Age, Employment History, Earning Ability, and Physical and Emotional Condition of the Spouse Seeking Maintenance
The court takes a comprehensive look at the situation of the requesting spouse. An older spouse with limited work experience or health issues may have more difficulty becoming self-supporting, which could influence the maintenance decision.
Effect on Each Spouse’s Ability to Provide for Their Needs While Providing Child Support Payments
If child support is also being paid, the court considers how this affects each spouse’s financial situation. The goal is to ensure that both child support and spousal maintenance obligations can be met without causing undue hardship.
Acts of Marital Misconduct, Including Adultery and Cruel Treatment
While Texas is a no-fault divorce state, the court may consider marital misconduct when deciding on spousal maintenance. Acts such as adultery or cruel treatment could influence the court’s decision.
History of Family Violence
Any history of family violence is taken very seriously by Texas courts. If there’s evidence of family violence within two years before the divorce filing or during the divorce proceedings, this could significantly impact the spousal maintenance decision.
Modifying or Terminating Spousal Maintenance
Spousal maintenance orders can be modified if there’s a substantial change in circumstances for either party. It typically terminates upon the death of either party, the remarriage of the receiving spouse, or if the receiving spouse cohabitates with a romantic partner.
How a San Antonio Family Lawyer Can Help
If you are involved in a divorce involving spousal maintenance, an experienced Texas family attorney can help you understand your rights and options regarding spousal maintenance. Whether you’re seeking maintenance or being asked to pay it, we can advocate for your interests and work towards a fair resolution.
If you’re going through a divorce in Bexar County and have questions about spousal maintenance, don’t hesitate to reach out. Call The Cook Law Firm & Associates PLLC today at 210-740-0281 or contact us online to schedule a consultation with a knowledgeable family law attorney. Let us help you work towards a secure financial future.