Going through a divorce is one of life’s most difficult transitions, especially when your financial stability is on the line.
One of the most important – and misunderstood – aspects of the divorce process in Texas is spousal maintenance. If you’re facing divorce and are unsure about your financial rights or obligations, understanding how Texas law views post-divorce support can help you plan for the road ahead.
What is Spousal Maintenance?
Spousal maintenance is financial support that one spouse may be ordered to pay the other after a divorce is finalized. This support is designed to ensure that the more economically disadvantaged spouse can still maintain a basic standard of living during the transition from married to single life.
Unlike child support, which is calculated using clear statutory formulas, spousal maintenance is determined based on the needs and financial condition of the former spouse. Courts carefully consider whether the requesting spouse meets the legal requirements and truly needs the support.
In Texas, courts favor financial independence and expect both spouses to work toward self-sufficiency after a divorce. Consequently, spousal maintenance isn’t guaranteed and is only awarded in limited circumstances. That said, in some situations, particularly in long-term marriages, when a spouse is disabled, or where there has been family violence, spousal maintenance can serve as a much-needed bridge toward stability.
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Who Qualifies for Spousal Maintenance in a Texas Divorce?
A spouse seeking spousal maintenance in Texas must qualify under specific legal criteria. Simply earning less than your spouse does not automatically entitle you to support. The courts will only grant maintenance if at least one of the following conditions is met.
The Marriage Lasted 10 Years or Longer
If the marriage lasted at least 10 years, the requesting spouse must also demonstrate they lack the ability to earn sufficient income to meet their basic needs. This often applies when one spouse left the workforce to raise children or support the other spouse’s career.
The Requesting Spouse Has a Disabling Condition
If the requesting spouse has a physical or mental disability that prevents them from working or limits their earning capacity, they may qualify for spousal maintenance regardless of the marriage’s length. The court will typically require medical documentation and evidence showing how the disability affects their employment opportunities.
The Requesting Spouse is Caring for a Disabled Child
The real-world demands of caring for a special-needs child can limit job prospects. If the requesting spouse is the custodial parent of a child with a physical or mental disability, and that role limits their ability to work, they may also qualify for spousal maintenance.
Family Violence
If the other spouse was convicted of family violence against the requesting spouse or a child within two years of the divorce filing or during the case itself, the court may award maintenance. Judges in Texas treat family violence seriously, and support may be granted to protect the safety and well-being of the victim.
How Much Support Can Be Awarded?
Texas law places firm caps on how much spousal maintenance can be awarded in a divorce. This ensures consistency and prevents burdensome support orders.
Maximum Monthly Amount
The court cannot order more than 20% of the paying spouse’s average monthly gross income, or $5,000, whichever is lower. Gross income includes wages, bonuses, rental income, and any other forms of regular earnings.
Duration Based on Marriage Length
Under Texas Family Code § 8.054, a judge may not order maintenance for longer than:
- 5 years if the marriage lasted more than 10 years, but less than 20 years, or the marriage was less than 10 years, but maintenance is being granted due to family violence
- 7 years if the marriage lasted 20 to less than 30 years
- 10 years if the marriage lasted 30 years or more
- Indefinitely only if the receiving spouse has a disability preventing self-support, or the receiving spouse is caring for a disabled child of the marriage that prevents them from working.
These are upper limits, not guarantees or defaults. The actual duration ordered can be shorter, depending on
- How long it will reasonably take the requesting spouse to become self-supporting
- Whether the requesting spouse has made genuine efforts to find work or get training
- Any other specific circumstances of the marriage, such as marital misconduct or an unequal division of community property
For example, if you were married for 22 years, the maximum duration a judge could order for spousal maintenance is 7 years. However, the court could instead order just 2 or 3 years if that is deemed sufficient for the requesting spouse to become financially independent.
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What Do Texas Courts Consider When Awarding Spousal Maintenance?
Even if you meet eligibility criteria, that doesn’t mean spousal maintenance in Texas is guaranteed. Judges have broad discretion when awarding maintenance and will carefully consider a number of factors to determine whether it is justified and, if so, what amount and duration would be fair.
Key factors the court will evaluate include:
- Each spouse’s financial resources, including any property received in the divorce
- The requesting spouse’s education and job skills, and whether they will need additional time or training to become employable
- The requesting spouse’s age and physical or emotional condition
- Each spouse’s contributions to the marriage, including homemaking, raising children, or supporting the other spouse’s career or education
- Any marital misconduct, including abuse or infidelity
The goal is to balance fairness without creating a situation of ongoing financial dependency.
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Court-Ordered Spousal Maintenance vs. Contractual Alimony
It is important to understand the difference between court-ordered spousal maintenance and contractual alimony, both of which can arise in a Texas divorce case.
Spousal maintenance is ordered by the court based on eligibility under Texas law, is statutory, and can be enforced or modified through the court system. Contractual alimony is a private agreement between spouses, often negotiated as part of the divorce settlement. Contractual alimony can exceed the legal limits of spousal maintenance and is enforceable like any contract.
Contractual alimony may be used:
- To offset uneven property division
- When a receiving spouse doesn’t qualify for maintenance but requires financial help
- To customize their own terms for support
- As part of an overall tax strategy
- To facilitate a cooperative divorce settlement
While both spousal maintenance and contractual alimony involve one spouse paying financial support to the other after divorce, they are enforced in very different ways.
Spousal maintenance becomes part of the divorce decree and carries the weight of a court order. Consequently, if the paying spouse stops making payments, the receiving spouse can file an enforcement motion in family court. This gives the receiving spouse powerful legal tools to ensure compliance through the family law system.
By contrast, contractual alimony is not a formal court order but a private contract. If one spouse fails to make agreed-upon payments, the other cannot seek enforcement through the family courts. Instead, they must file a civil lawsuit for breach of contract, like any other private contract dispute.
Why Does This Matter?
If you are negotiating contractual alimony as part of your divorce, you will want to understand that enforcement tools are not the same as a court order. You will want to work with a family law attorney who can draft enforceable, clearly written terms that include enforcement provisions such as late fees, default clauses, or conditions that convert payments into court-enforceable obligations.
Can Court-Ordered Spousal Maintenance Be Changed?
Texas courts allow modifications to spousal maintenance if it can be demonstrated that there has been a material and substantial change, such as
- The paying spouse experiences a job loss or major income reduction
- The receiving spouse becomes self-supporting through employment or remarriage
- The recipient spouse begins cohabitating with a romantic partner, which may indicate shared financial resources.
Only court-ordered spousal maintenance can be modified. Contractual alimony is not modifiable unless your original agreement includes a provision for future changes.
When Does Spousal Maintenance End?
In Texas, spousal maintenance automatically ends when:
- The court-ordered time period expires
- The receiving spouse remarries
- The receiving spouse begins living with a new partner in a romantic and permanent relationship
- Either spouse passes away
Cohabitation can be tricky to prove and may require gathering evidence, such as social media posts or statements from neighbors. If you suspect the recipient is no longer eligible for maintenance, your attorney can help you file a motion to terminate support.
Why Working with a Fort Worth Divorce Attorney Can Be Critical
Because Texas has strict limitations on spousal maintenance, successfully requesting or contesting it requires a strong legal strategy. Local knowledge of how the courts handle these support cases can significantly affect your outcome.
At Melone Hatley, P.C., we are committed to helping clients protect their financial stability during and after divorce. Whether you are requesting support or responding to a claim, our experienced Fort Worth family law attorneys will work with you to build a strong case. Contact us online or call us at (817) 736-0277 to schedule a free consultation with one of our Client Services Coordinators. Don’t face this alone. We are dedicated to being your trusted partner every step of the way.
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