When going through a divorce in Texas, one of the most significant financial considerations is spousal maintenance. However, unlike other states where alimony is common, Texas has strict guidelines for awarding spousal maintenance, and it’s not guaranteed. This blog will break down the complexities of spousal maintenance in Texas, from the eligibility criteria to the factors that influence how much you may receive, and how you can navigate the process to ensure that you receive fair treatment.

What is Spousal Maintenance in Texas?

In Texas, spousal maintenance is the financial support one spouse may pay to the other after a divorce. It’s important to understand that spousal maintenance in Texas is different from the concept of alimony in other states. While alimony is often automatically granted based on the length of the marriage, spousal maintenance is not awarded unless certain conditions are met.

Unlike alimony in many other states, spousal maintenance is typically rare in Texas and is only granted under specific circumstances. The court will evaluate a range of factors to determine whether one spouse is eligible to receive maintenance after a divorce. If spousal maintenance is awarded, it can be for a set period of time or indefinitely, depending on the case’s unique factors.

Eligibility for Spousal Maintenance

One of the primary factors in determining eligibility for spousal maintenance in Texas is the length of the marriage. To qualify, a spouse must have been married for at least 10 years. However, even if you meet this requirement, there are additional criteria that must be satisfied for the court to grant spousal maintenance. For example, you may be eligible if:

• You are disabled or unable to support yourself due to a physical or mental condition.

• You are the primary caregiver for a disabled child, making it difficult to financially support yourself.

• You were a victim of domestic violence during the marriage.

Even if you meet these criteria, it is not a guarantee that you will receive spousal maintenance. The court will also assess your ability to meet your “minimum reasonable needs” financially. This means that if you are receiving significant assets or property in the divorce, the court may decide that you no longer need spousal maintenance because you have access to enough resources.

What Does the Court Consider?

When determining whether to grant spousal maintenance, the court will consider a variety of factors, including:

• Your ability to work: Does the recipient spouse have the ability to work based on their education, skills, and work history? If the spouse has been out of the workforce for a significant period of time, the court may consider whether it is realistic for them to re-enter the workforce and support themselves.

• Earning capacity: How much could you earn if you re-enter the workforce? The court will look at your previous earning history, your education level, and your current ability to earn money.

• Standard of living: The court will consider the standard of living during the marriage and may factor in the need to maintain a similar lifestyle post-divorce.

• Contributions during the marriage: Contributions, both financial and non-financial, such as homemaking or child-rearing, will be taken into account.

These are just a few of the factors that will influence whether you qualify for spousal maintenance and how much you might be entitled to. Because the court considers many variables, it’s essential to understand the nuances involved when negotiating spousal support.

The Likelihood of Receiving Spousal Maintenance

Spousal maintenance in Texas is not guaranteed, and it is relatively uncommon unless the circumstances of the divorce involve specific conditions. For example, spousal maintenance may be more likely if one spouse has significantly more assets, or if the recipient spouse is disabled and unable to support themselves.

Additionally, spousal maintenance is not typically awarded for long periods. In Texas, courts tend to be reluctant to award ongoing support unless there are very specific and compelling reasons. If the receiving spouse is entitled to spousal maintenance, it is often for a short duration, typically no more than five years.

How Much Spousal Maintenance Can You Expect?

If you qualify for spousal maintenance, the next question is: How much will you receive? While the amount varies based on the specifics of your case, Texas law imposes certain limitations. For example:

• The amount of spousal maintenance cannot exceed $5,000 per month, or 20% of the paying spouse’s average monthly gross income, whichever is lower.

• The duration of spousal maintenance is limited depending on the length of the marriage. For marriages lasting less than 10 years, spousal maintenance is typically not awarded, except in very specific circumstances. For marriages lasting between 10 and 20 years, spousal maintenance may be awarded for up to five years. For marriages lasting over 20 years, spousal maintenance may be awarded for up to 10 years.

While these are the general guidelines, the specific amount and duration of spousal maintenance will depend on the court’s evaluation of your unique situation.

Can Spousal Maintenance Be Modified?

In some cases, the amount or duration of spousal maintenance may be subject to modification. For example, if the paying spouse loses their job or becomes disabled, they may request a reduction in the amount of spousal maintenance. Conversely, if the recipient spouse’s financial circumstances change, they may also be able to seek an increase in the amount of maintenance they receive. The court will review these requests on a case-by-case basis, considering the evidence provided.

However, even if the amount or duration of spousal maintenance is modified, it is unlikely that it will be significantly increased unless there are substantial changes in circumstances. Therefore, both parties must be prepared for the possibility that spousal maintenance may not be as reliable or long-term as they would like.

Negotiating for Spousal Maintenance

Given how difficult it can be to secure spousal maintenance in Texas, many individuals opt to negotiate for a larger share of assets during the divorce settlement rather than rely on future spousal maintenance payments. In some cases, it may be more beneficial to request a lump sum or a larger portion of the marital assets—such as retirement accounts, property, or savings—so that you maintain control of the funds.

Negotiating a settlement early on can offer more stability than waiting for a spousal maintenance award, especially considering that future maintenance payments can be impacted by changes in the other spouse’s financial situation. If you negotiate for a fair division of assets, you can avoid the uncertainty of relying on spousal maintenance, particularly if your ex-spouse faces financial difficulties after the divorce.

Can Spousal Maintenance Increase or Decrease?

It is important to note that spousal maintenance is not set in stone. While it is relatively rare for the amount to increase, it can decrease depending on changes in circumstances. For instance, if the paying spouse loses their job or becomes disabled, the court may modify the amount of maintenance. On the other hand, if the recipient spouse gains a significant increase in income, spousal maintenance may be reduced or terminated altogether.

The Bottom Line

Navigating spousal maintenance in Texas requires a clear understanding of the state’s divorce laws and the factors that influence whether it will be awarded. While spousal maintenance is not as common in Texas as it is in other states, it may be an option if you meet specific eligibility criteria. Understanding your rights and options—whether negotiating a larger share of assets or pursuing spousal maintenance—can help you make the best decisions for your financial future.

If you are considering divorce in Texas and have concerns about spousal maintenance, it’s crucial to seek experienced legal advice. A skilled family law attorney can help you navigate the process, protect your rights, and ensure that your needs are met.