Understanding Spousal Maintenance in Texas
In Texas, spousal maintenance refers to court-ordered support payments from the future income of one spouse to the other after a divorce. This differs from “alimony,” which is a private, contractual agreement between divorcing spouses regarding future financial support. While Texas law generally disfavors spousal maintenance, it is allowed in specific circumstances outlined in the Texas Family Code (TFC).
This guide dives into the critical aspects of spousal maintenance, eligibility criteria, payment limits, and considerations the court uses when awarding or denying maintenance.
Spousal Maintenance in the Texas Family Code
Under the Texas Family Code, maintenance provides financial support to a spouse who cannot meet their minimum reasonable needs after a divorce. The law distinguishes spousal maintenance from contractual alimony. While spousal maintenance is court-ordered, contractual alimony is negotiated and agreed upon by the parties, often used as a tool in settlements to meet the needs of the receiving spouse while offering potential tax advantages for the paying spouse.
Eligibility for Spousal Maintenance in Texas
To qualify for spousal maintenance, the requesting spouse must demonstrate an inability to meet their minimum reasonable needs. Additionally, one of the following conditions must apply:
- Family Violence: The paying spouse must have committed an act of family violence against the requesting spouse or their child within two years before the divorce filing or while the divorce is pending.
- Disability of the Requesting Spouse: The spouse seeking support has an incapacitating physical or mental disability preventing them from earning enough income to cover basic living expenses.
- Duration of Marriage: The marriage lasted 10 years or more, and the requesting spouse lacks the earning ability to meet their minimum reasonable needs.
- Custodian of a Disabled Child: The requesting spouse is the caretaker of a child with a physical or mental disability requiring substantial care and personal supervision, preventing the spouse from earning sufficient income.
Duration of Spousal Maintenance
The Texas Family Code imposes strict limits on the duration of spousal maintenance payments to ensure they are not indefinite. The duration is tied to the length of the marriage or the circumstances of the requesting spouse:
- Marriage Under 10 Years with Family Violence: Maximum duration is 5 years.
- Marriage Lasting 10–20 Years: Maximum duration is 5 years.
- Marriage Lasting 20–30 Years: Maximum duration is 7 years.
- Marriage Lasting 30+ Years: Maximum duration is 10 years.
- Disability Exceptions: Maintenance may continue indefinitely if the requesting spouse or a child under their care has a permanent physical or mental disability.
Calculation of Spousal Maintenance in Texas
Texas law caps spousal maintenance payments at $5,000 per month or 20% of the paying spouse’s average monthly gross income, whichever is lower. Gross income includes a broad range of earnings but excludes specific benefits.
What is Included in Gross Income?
- Salary, wages, and bonuses
- Self-employment income
- Interest, dividends, and royalties
- Net rental income
- Retirement and severance pay
- Income from gifts, prizes, and alimony
What is Excluded from Gross Income?
- Capital returns or principal payments
- Accounts receivable
- Temporary Assistance for Needy Families (TANF) benefits
- Foster care payments
- VA disability benefits and Social Security disability benefits
- Workers’ compensation
Factors Influencing Maintenance Awards
When deciding whether to award spousal maintenance, Texas courts evaluate various factors to ensure the support is fair and meets the minimum reasonable needs of the requesting spouse.
- Earning Capacity: Each spouse’s ability to provide for themselves through employment.
- Education and Skills: The education and job skills of the requesting spouse and the time required for them to gain financial independence.
- Duration of Marriage: Longer marriages often lead to higher chances of maintenance being awarded.
- Age and Health: The physical and emotional health of the spouse seeking support.
- Contributions During Marriage: Whether one spouse contributed to the other’s education or career growth or served as a homemaker.
- Marital Misconduct: Adultery, cruel treatment, or other misconduct may influence the award.
- Property Division: Whether the requesting spouse received substantial assets in the divorce settlement.
- Child Support Obligations: The paying spouse’s ability to meet their needs while paying child support.
Termination of Spousal Maintenance
Spousal maintenance obligations typically terminate under the following circumstances:
- Death of Either Party: Maintenance ends upon the death of the obligor or obligee.
- Remarriage of the Receiving Spouse: If the obligee remarries, maintenance is terminated.
- Cohabitation: Maintenance ends if the obligee lives with another person in a romantic relationship in a permanent and continuous manner.
It’s important to note that accrued maintenance payments due before the termination date remain enforceable.
Tax Considerations for Spousal Maintenance
The 2017 Tax Cuts and Jobs Act altered how spousal maintenance is treated for tax purposes. Payments are no longer deductible for the paying spouse, nor are they taxable for the receiving spouse. Contractual alimony agreements signed before 2019 may still follow the old tax rules, so consulting a tax professional is advisable.
Strategic Use of Contractual Alimony
Contractual alimony, negotiated outside of court, can be a powerful tool in divorce settlements. It offers flexibility for both parties and may help avoid the strict limitations of court-ordered maintenance. Spouses can tailor payments to meet the specific needs of the obligee while creating potential tax advantages for the obligor.
FAQs About Spousal Maintenance in Texas
What is the difference between spousal maintenance and alimony in Texas?
- Spousal maintenance is court-ordered under Texas law, while alimony refers to voluntary contractual agreements between divorcing spouses.
Can spousal maintenance last forever?
- In most cases, no. The maximum duration depends on the length of the marriage and the circumstances of the requesting spouse.
How is the amount of spousal maintenance determined?
- Texas limits maintenance to the lesser of $5,000 per month or 20% of the obligor’s gross income.
Does marital misconduct affect spousal maintenance awards?
- Yes, factors such as adultery or cruel treatment may influence the court’s decision.
What happens if the obligee remarries?
- Maintenance obligations terminate upon remarriage of the receiving spouse.
Can spousal maintenance be modified?
- Yes, if there is a substantial change in circumstances, such as income or health, a party can request a modification through the court.
Payments for foster care of a child. Department of Veterans Affairs service-connected disability compensation, Supplemental Security Income SSI.
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