Eligibility for Spousal Maintenance in Texas

Spousal maintenance is limited in Texas and only awarded in specific circumstances. The state’s laws generally favor financial independence post-divorce, so maintenance is not guaranteed. However, courts may grant it in certain situations, particularly in long-term marriages, cases involving domestic violence, or situations where one spouse is unable to support themselves due to a disability.

To qualify for spousal maintenance, a spouse must demonstrate that they lack sufficient resources to meet their basic needs. Additionally, at least one of the following must apply:

• The marriage lasted 10 years or more, and the requesting spouse lacks the ability to earn a sufficient income to meet their needs.
• The paying spouse was convicted of family violence against the requesting spouse or their child within two years of filing for divorce.
• The requesting spouse is the primary caregiver of a disabled child, preventing them from earning sufficient income.
• The requesting spouse has a physical or mental disability that significantly limits their ability to work and earn an income.

Judges carefully evaluate the financial resources of both parties, including potential child support and assets awarded during property division. The court also considers the education, job history, and employment skills of the requesting spouse. Even in cases where spousal maintenance is granted, it is often temporary and designed to help the receiving spouse transition to financial independence.

Factors Affecting Spousal Maintenance Awards

Texas courts consider various factors when determining whether to award spousal maintenance and how much should be paid. Some of these factors include:

• The duration of the marriage
• The financial needs and resources of each spouse
• Each spouse’s education and employment skills
• Contributions made to the marriage, including child-rearing and homemaking
• Misconduct during the marriage, including adultery or financial irresponsibility
• Any history of domestic violence

The maximum amount a spouse can receive in maintenance is the lesser of either 20% of the paying spouse’s gross income or $5,000 per month. Additionally, maintenance is awarded for limited durations, depending on the length of the marriage. Typically:

• Marriages lasting between 10 and 20 years may result in up to 5 years of maintenance.
• Marriages lasting between 20 and 30 years may result in up to 7 years of maintenance.
• Marriages lasting over 30 years may result in up to 10 years of maintenance.

Developing a Strategy for Spousal Maintenance

Rather than relying solely on spousal maintenance, negotiating a larger share of the marital estate may provide greater financial security. This is particularly important because maintenance is not permanent and is subject to modification or termination if the paying spouse experiences financial hardship or if the receiving spouse remarries or cohabitates with a new partner.

For example, receiving more liquid assets, such as bank accounts or investments, or securing a larger share of retirement funds can reduce the need for monthly payments, which may be inconsistent if the paying spouse loses their job or faces other financial difficulties. Some spouses may also negotiate a lump sum payment instead of monthly maintenance to ensure financial stability.

Creating a clear financial strategy with your attorney is essential to achieving a settlement that meets your long-term needs. Understanding tax implications and ensuring that financial decisions align with future goals are crucial when structuring spousal maintenance agreements.

Navigating Child Custody During Divorce

When children are involved, divorce becomes even more complex. Custody arrangements require careful planning to ensure both parents remain actively involved in their children’s lives while also prioritizing the child’s well-being.

In Texas, custody, legally referred to as conservatorship, can be joint or sole, depending on what’s in the child’s best interest. Joint managing conservatorship (JMC) is the preferred arrangement, meaning both parents share decision-making responsibilities regarding education, healthcare, and other important matters. However, one parent may still be awarded primary custody, meaning the child primarily resides with them.

Sole managing conservatorship (SMC) may be awarded in cases where one parent has a history of domestic violence, substance abuse, or other behaviors that may endanger the child. The non-custodial parent may still have visitation rights, but their decision-making authority over the child may be limited.

Creating a Possession Schedule

Parents must also establish a possession schedule, which outlines when the child will spend time with each parent. Texas law provides a standard possession order (SPO) that outlines visitation arrangements for non-custodial parents. However, parents can also agree to a customized schedule based on their unique circumstances and the child’s needs.

Some key considerations when developing a possession schedule include:

• The child’s school schedule
• Parental work schedules
• The child’s extracurricular activities
• Holiday and vacation time
• The distance between each parent’s residence

Planning for Your Child’s Future

Custody arrangements often extend beyond day-to-day schedules. Parents must coordinate on significant milestones, such as obtaining a driver’s license, attending prom, and planning for college.

Effective co-parenting helps minimize stress for the child and ensures their needs remain the focus. Parents should prioritize open communication and cooperation to create a stable environment for their children.

One way to achieve this is through parenting plans, which outline guidelines for raising the child post-divorce. A parenting plan can include:

• Agreements on medical care, education, and religious upbringing
• Communication methods between parents
• Procedures for making joint decisions
• Plans for handling disputes

Maintaining open communication and prioritizing the child’s well-being is crucial for successful co-parenting. When parents work together, children adjust more smoothly to life after divorce.

Child Support and Financial Responsibilities

Texas courts require both parents to contribute financially to their child’s upbringing. Child support is typically paid by the non-custodial parent to help cover expenses such as housing, education, medical care, and other necessities.

The amount of child support is determined based on the non-custodial parent’s income, with general guidelines as follows:

• 20% of net income for one child
• 25% of net income for two children
• 30% of net income for three children
• 35% of net income for four children
• 40% of net income for five or more children

These percentages may be adjusted depending on specific circumstances, such as additional expenses related to the child’s healthcare or education. In some cases, parents may negotiate additional financial agreements to ensure their child’s needs are met.

Modifications to Custody and Support Orders

Life circumstances often change after divorce, and modifications to child custody or support orders may become necessary. Some common reasons for modification include:

• A parent relocating to a new city or state
• A significant change in a parent’s income
• Changes in the child’s needs, such as requiring additional medical care
• Concerns about the child’s safety due to a parent’s behavior

If either parent wishes to modify an existing court order, they must provide evidence that the change is in the best interest of the child. Courts will assess the request and determine whether an adjustment is necessary.

Conclusion

Spousal maintenance and child custody are two of the most critical aspects of a Texas divorce. Understanding the eligibility requirements, financial strategies, and legal processes involved can help individuals navigate divorce with greater confidence.