Understanding Spousal Maintenance Laws and Alimony Options in San Antonio, Texas
When a marriage ends, the financial stability of both spouses becomes a pressing concern. If you are facing a divorce in Texas, you may have questions about spousal maintenance – whether you can receive it or be required to pay it.
In Texas, spousal maintenance is very different from that in many other states, and the rules surrounding it are specific and strict. Below, you will find eligibility requirements and factors the court can consider when making spousal maintenance decisions.
What Is Spousal Maintenance in Texas?
Spousal maintenance – commonly known as alimony – is court-ordered financial support that one spouse pays to the other after divorce.
Unlike some states where support may be awarded routinely, Texas courts treat spousal maintenance as the exception, not the rule. The goal is to help a lower-earning spouse meet their basic needs when they cannot become self-supporting immediately after divorce.
Who Qualifies for Spousal Maintenance in San Antonio?
Qualifying for spousal maintenance in Texas is intentionally difficult. Before a judge can consider awarding maintenance, the requesting spouse must show they lack sufficient property to meet their reasonable needs, as required under Texas Family Code § 8.051.
Once this threshold is met, the requesting spouse must also fall into one of the following categories:
- Domestic violence – If the paying spouse committed family violence within two years before filing or during the case.
- Long-term marriage (10+ years) – The requesting spouse cannot earn enough income despite diligent efforts.
- Spousal disability – A physical or mental condition prevents self-support.
- Child disability – The spouse is the primary caregiver of a child whose disability prevents employment.
Judges must also evaluate statutory factors such as education, employment history, earning capacity, marital contributions, misconduct, and available financial resources.
What Is the Duration of Spousal Maintenance?
Texas law limits how long spousal maintenance can last, encouraging supported spouses to become self-sufficient whenever possible.
- Up to 5 years – Marriages lasting 10–20 years or involving family violence
- Up to 7 years – Marriages lasting 20–30 years
- Up to 10 years – Marriages lasting 30+ years
- Indefinite – Only when disability prevents self-support
Long-term awards are periodically reviewed to ensure continued eligibility.
Amount of Spousal Maintenance
Texas imposes strict caps on the amount of maintenance a court may order.
- $5,000 per month, or
- 20% of the paying spouse’s average gross monthly income
The court considers education, job skills, age, health, earning ability, marital misconduct, and time needed for the spouse to become self-supporting.
What Is Contractual Alimony in Texas?
Contractual alimony is a voluntary agreement between spouses that allows for more flexibility than court-ordered maintenance.
- Support beyond statutory limits
- Customized payment terms or duration
- Balancing unequal property division
- Addressing unique financial circumstances
Although flexible, contractual alimony must be carefully drafted to avoid disputes.
How Is Spousal Maintenance Modified or Terminated?
A maintenance order may be modified upon a material and substantial change in circumstances.
Maintenance automatically ends if:
- Either spouse dies
- The receiving spouse remarries
- The receiving spouse cohabits in a supportive romantic relationship
What If My Spouse Refuses to Pay?
Texas courts strictly enforce spousal maintenance orders. Remedies include:
- Wage withholding
- Judgments for arrears
- Liens and collection actions
- Attorney’s fees
- Contempt of court
Do I Need an Attorney?
Because spousal maintenance laws are highly technical and restrictive, legal representation can significantly impact the outcome.
An attorney can assist with eligibility evaluation, evidence gathering, negotiation, enforcement, and modification of orders.
Protecting Your Future After Divorce
Understanding alimony in San Antonio requires careful attention to statutory rules and long-term consequences.
If you are seeking guidance, the experienced San Antonio family law attorneys at Melone Hatley, P.C. can help. Call 210-688-8550 or contact us online to schedule a free consultation with a Client Services Coordinator.