Alimony often gets lumped in with spousal maintenance or spousal support. If you find yourself in the middle of a divorce, you may find yourself encountering one or the other. That’s why it’s important to understand what each process is and how it can apply to your situation.
This article will briefly discuss alimony and spousal support in Texas and how they differ.
Alimony in Texas
Alimony is not provided for under Texas law as an entitlement, but is still a possibility by agreement. Although Texas has not codified the right to alimony for either spouse, it gives both parties the opportunity to come to an agreement in their divorce. If it’s agreed upon, parties can include an alimony obligation between spouses in their Final Decree of Divorce.
Alimony obligations are not common since alimony can only be included if both parties agree to it. The benefit of both parties agreeing to alimony is that it offers flexibility in what it would look like for them. Meaning, there’s no eligibility requirements to meet, no cap on the amount of alimony, and no limit on duration.
Because alimony is only allowed by agreement and is not included in the Texas Family Code, the Family courts cannot enforce it. Alimony is only enforceable under contract law.
Spousal Maintenance or Spousal Support in Texas
Spousal maintenance (a.k.a. spousal support) is an award in a divorce or payments from the income of one spouse for the support of the other spouse. In order to be awarded spousal maintenance, the person requesting the support has to meet the eligibility requirements outlined in the Texas Family Code.
The spouse seeking support has to be unable to meet their minimum reasonable needs post-divorce. After this first and most important requirement is met, the spouse requesting support also needs to meet one of the following:
- The spouse getting asked to pay support is convicted of a criminal act of family violence either during the marriage, two years prior to the suit, or during the period of time when the divorce is pending; or the spouse seeking support:
- Cannot earn a sufficient income to provide for their minimum reasonable needs due to an incapacitating physical or mental disability;
- Lacks the ability to earn an income to provide for the spouse’s minimum needs and has been married or the other suppose 10 years or longer; or
- Is the guardian of a child of the marriage that requires care and personal supervision due to an physical or mental disability that prevents the spouse from earning proper income to provide for the spouse’s minimum reasonable needs.
When the court determines that the spouse seeking spousal support is eligible, they will also look to other relevant factors to determine what the support will look like, the amount, duration, and manner of payment. Here’s some of the factors the court will look for:
- If each spouse can provide for their own reasonable needs independently;
- Education and employment skills from each spouse, the time needed to acquire education or training for the requesting spouse to help them acquire the sufficient income, and the availability and practicality of the education or training;
- How long the marriage went on,
- Age, employment history, earning potential, and the physical and emotional wellbeing of the spouse seeking maintenance;
- How providing for the spouse’s minimum reasonable needs while providing child support would effect the spouse’s ability to provide if applicable,
- Any acts by either spouse that results in excessive spending or destruction;
- Any contributions by one spouse towards the education, training, or any increase in earning power of the other spouse,
- Property brought to the marriage by either spouse;
- The contribution of spouse as a homemaker,
- Any martial misconduct, adultery and cruel treatment by either spouse during the marriage; and
- A history or pattern of family violence.
The court can consider any other relevant factors that show the spouse seeking support should be awarded spousal maintenance. A presumption exists that maintenance is not permitted unless the spouse seeking maintenance has exercised diligence in earning proper income or developing the required skills to provide for their minimum reasonable needs during the period of separation and while the divorce is pending. It’s possible for a party to overcome that presumption with evidence to the contrary.
Calculating the Amount of Spousal Support in Texas
In Texas, the maximum amount of spousal support the court can order is 20% of the paying spouse’s average monthly gross income, or about $5,000 per month. You can find details of what is included and what is not included in “gross income” for calculating spousal maintenance in the Texas Family Code.
This amount is not a required amount, but the maximum amount. Spouses can agree on an amount that differs from this calculation.
How Long Spousal Support Lasts in Texas
Duration of spousal support depends on how long the parties were married. A spouse can receive maintenance for a maximum amount of time, but only if they meet the necessary requirements outlined below:
- Spousal Support for 5 Years. If the spouses were married for less than 10 years, but the paying spouse was convicted of family violence during two years prior to the divorce suit or while the suit was pending, or the spouses were married for at least 10 years but not more than 20.
- Spousal Support for 7 Years. Meaning, the spouses were married for at least 20 years but no more than 30.
- Spousal Support for 10 Years.Meaning, the spouses were married for 30 years or more.
Texas law requires courts to limit spousal support to the shortest reasonable period that allows the seeking spouse to meet their minimum reasonable needs. The time frames mentioned are the maximum amount allowable under the law and is not a mandatory timeframe for all situations.
Modification and Termination of Support in Texas
After the divorce is finalized, any party may file a motion requesting the Texas court to reduce the amount of spousal support payments owed. However, the party asked to pay support has to continue paying the original amount ordered while the modification suit is pending. When a new replacement order is entered by the Judge, then the amount the obligor must pay can change.
If either party dies or if the receiving spouse remarries another person, an award of spousal support terminates. The paying spouse can take the issue back to court if the receiving spouse is living with another person they are involved in a romantic relationship with. At that point, the Judge must terminate the support obligation moving forward.
Hire the Help of an Experienced Family Law Attorney
If you are in the middle of a divorce and have any questions regarding spousal support in Texas, we’ve got you covered! We’re here to walk you through the process and ensure you have the best alimony experience. Schedule your free consultation today.
