Divorce can bring major financial uncertainty, especially when one spouse depends on the other’s income. At True Law Firm, we help clients understand their rights and options regarding spousal support in Texas. Whether you’re seeking maintenance or facing payment obligations, our family law attorneys pursue the best possible outcome for your financial future.
What Constitutes Spousal Support?
Spousal support, known in Texas as spousal maintenance, is financial assistance that one spouse may be ordered to pay the other after divorce. It aims to help a financially dependent spouse meet their minimum reasonable needs when they cannot yet support themselves. It is not automatic. Courts assess eligibility based on statutory criteria and then set the amount and duration. Separately, spouses may agree to contractual alimony in a settlement, which is enforced as a contract rather than a court-ordered maintenance award.
When Spousal Maintenance Might Be Awarded
In Texas, spousal maintenance is only granted when certain legal conditions are met, and one spouse demonstrates a legitimate financial need after divorce. The court examines the circumstances of both parties to determine whether support is appropriate. Spousal maintenance might be awarded when:
- The marriage lasted 10 years or longer, and the financially dependent spouse lacks sufficient income or earning capacity to meet basic living needs.
- A spouse has a physical or mental disability that limits the ability to work.
- One spouse must care for a child with a disability, preventing full-time employment.
- The paying spouse has been convicted or placed on deferred adjudication for family violence within two years before filing for divorce or while the case is pending.
Amount and Duration of Spousal Maintenance
When Texas courts determine spousal maintenance, they follow strict statutory guidelines to ensure fairness. The court reviews both spouses’ financial situations, earning capacities, and needs before deciding how much support should be paid and for how long. These factors help create a balanced outcome that reflects each person’s ability to rebuild financially after divorce.
Maximum Payment Limits
Spousal maintenance cannot exceed the lesser of $5,000 per month or 20% of the paying spouse’s average monthly gross income, as set by Texas law.
Duration Based on Marriage Length
- 10-20 years of marriage: maintenance may last up to 5 years
- 20-30 years of marriage: maintenance may last up to 7 years
- 30+ years of marriage: maintenance may last up to 10 years
Exceptions for Disability or Caregiving
If a spouse or dependent child has a disability that limits self-support, maintenance may continue as long as the qualifying condition exists, subject to periodic court review.
Protect Your Interests: Hire a Family Law Attorney
Family law cases, especially those involving spousal support, can have lasting effects on your financial stability and personal future. Without skilled legal representation, it’s easy to overlook your rights, undervalue your assets, or agree to terms that may not reflect your best interests. The laws governing spousal maintenance in Texas are complex, and even small mistakes in documentation or negotiation can lead to costly, lifelong outcomes.
At True Law Firm, our family law attorneys ensure every detail is handled strategically and in compliance with Texas law. We help you protect your assets, evaluate income and expenses accurately, and advocate for fair, sustainable outcomes. Whether you’re seeking or contesting support, we take an aggressive, results-driven approach to safeguard your financial interests and secure the best possible outcome for your future.
Alimony FAQs
Can Spousal Maintenance Be Changed Later?
Yes. Either spouse can request a modification if there’s a substantial change in financial circumstances, such as job loss or disability. The court must approve any change.
When Does Spousal Maintenance End?
Payments stop when the court-ordered term expires, the receiving spouse remarries, either spouse dies, or the supported spouse begins cohabiting in a long-term romantic relationship.
Can Spousal Maintenance Be Enforced?
Yes. Courts can enforce payment through wage garnishment or contempt proceedings if the paying spouse fails to comply.
Contact True Law Firm
True Law Firm is a trusted Texas-based practice dedicated to guiding individuals and families through complex legal challenges. Whether you’re facing divorce, negotiating spousal support, or protecting your assets, our divorce attorneys provide the focused, one-on-one representation you deserve. We’re committed to helping you achieve the best possible outcome for your future: schedule a consultation to discuss your family law needs with our experienced legal team.
