Navigating Alimony & Spousal Support in Texas: A Guide to Your Rights and Responsibilities

When a marriage ends in Texas, one of the most complex and emotionally charged issues is often financial support after divorce. Alimony, known as spousal maintenance under Texas law, represents more than just financial assistance—it’s a legal framework designed to provide temporary support while a former spouse gains the ability to become self-sufficient. At Barton & Associates, Attorneys at Law, our experienced family law attorneys provide strategic guidance through this intricate aspect of divorce, ensuring our clients understand their rights, obligations, and options for reaching fair solutions.

Understanding Spousal Maintenance Under Texas Law

Texas law takes a unique approach to post-divorce financial support. Unlike many states with broader alimony provisions, Texas maintains strict eligibility requirements that limit when spousal maintenance may be awarded. The Texas Family Code establishes specific criteria that must be met before a court can order one spouse to support the other after divorce.

Eligibility Requirements for Spousal Maintenance

To qualify for spousal maintenance in Texas, the requesting spouse must demonstrate one of these circumstances:

• Family violence conviction: The paying spouse was convicted of or received deferred adjudication for family violence against the requesting spouse or the requesting spouse’s child within two years before the divorce filing or during the divorce proceedings.
• Disability or incapacitation: The requesting spouse cannot earn sufficient income due to a physical or mental disability.
• Lengthy marriage with limited earning capacity: The marriage lasted at least ten years, and the requesting spouse lacks sufficient property (including separate property) to meet minimum reasonable needs and has made diligent efforts to earn sufficient income or develop necessary skills during separation and divorce proceedings.
• Child with disability: The requesting spouse has custody of a child of the marriage who requires substantial care and personal supervision because of a physical or mental disability, making it necessary for the spouse to remain home rather than work.

Duration and Amount Limits

Texas law imposes specific caps on both the amount and duration of spousal maintenance:

• Amount: Generally cannot exceed the lesser of $5,000 per month or 20% of the paying spouse’s average monthly gross income.
• Duration: Depends on the length of marriage and the qualifying circumstance:
• For marriages lasting 10-20 years: Up to 5 years of support
• For marriages lasting 20-30 years: Up to 7 years of support
• For marriages lasting 30+ years: Up to 10 years of support

In cases involving family violence or disability: Potentially indefinite support, subject to court review

Key Factors Texas Courts Consider

When determining whether to award spousal maintenance and in what amount, Texas courts examine multiple factors, including:

• Each spouse’s financial resources, including separate property
• Education and employment skills of both parties
• Duration of the marriage
• Age, employment history, and earning capacity of the spouse seeking maintenance
• Ability of the paying spouse to meet their own needs while paying support
• Child custody arrangements that may affect earning ability
• Contributions as a homemaker and to the other spouse’s education or career
• Marital misconduct (in limited circumstances)
• Any history of family violence

Temporary vs. Post-Divorce Spousal Support

It’s important to distinguish between two types of support:

• Temporary Spousal Support: Also called “temporary spousal maintenance,” this may be awarded during the divorce proceedings to help maintain the status quo. This support terminates when the divorce is finalized.
• Post-Divorce Spousal Maintenance: This is the support ordered as part of the final divorce decree, following the guidelines outlined above. It begins after the divorce is finalized.

Modifying or Terminating Spousal Maintenance

Spousal maintenance orders are not necessarily permanent fixtures. Under Texas law, either party may request modification if there’s been a material and substantial change in circumstances. Common reasons for modification include:

• Significant increase or decrease in either party’s income
• Remarriage of the receiving spouse
• Cohabitation of the receiving spouse in a permanent relationship
• Death of either party
• Receiving spouse’s improved earning capacity

Termination of spousal maintenance typically occurs when:

• The duration period expires
• The receiving spouse remarries
• Either spouse dies
• A court determines the receiving spouse has become self-supporting

Tax Implications of Spousal Maintenance

The 2017 Tax Cuts and Jobs Act significantly changed the tax treatment of spousal maintenance:

• For divorces finalized after December 31, 2018, spousal maintenance payments are not deductible by the paying spouse
• The receiving spouse does not report spousal maintenance as taxable income
• These rules do not apply to divorces finalized before 2019 (grandfathered under previous tax rules)

This change makes careful planning and negotiation even more critical, as the after-tax impact of support payments has changed substantially.

The Role of Your Attorney in Spousal Maintenance Cases

At Barton & Associates, we approach every spousal maintenance case with strategic planning and thorough preparation. Our comprehensive services include:

Case Evaluation and Strategy Development

We begin by conducting a detailed analysis of your situation, including financial documentation, employment history, health considerations, and marital history. We help you understand whether you might qualify for maintenance or whether you might be obligated to pay it, and develop a strategy aligned with your financial goals.

Negotiation and Settlement

Many spousal maintenance arrangements are negotiated between the parties rather than decided at trial. Our attorneys are skilled negotiators who work to achieve favorable settlements that address immediate needs while considering long-term financial implications.

Litigation and Court Representation

When settlement isn’t possible, we vigorously represent our clients in court, presenting compelling evidence and legal arguments regarding eligibility, amount, and duration of any potential spousal maintenance award.

Post-Decree Modifications

Life circumstances change, and so might support arrangements. We assist clients with modification proceedings when appropriate, always working to protect their financial interests.

How Barton & Associates Can Help

For Those Seeking Spousal Maintenance

If you believe you may qualify for spousal maintenance, we will:

• Thoroughly document your eligibility under Texas law
• Gather comprehensive financial evidence to demonstrate need
• Calculate a reasonable amount and duration based on statutory guidelines
• Develop a compelling presentation of your circumstances
• Negotiate effectively with opposing counsel
• Present your case persuasively in court if necessary

For Those Facing Spousal Maintenance Obligations

If you might be required to pay spousal maintenance, we will:

• Scrutinize the eligibility claims of the requesting spouse
• Gather evidence regarding their earning capacity and assets
• Advocate for reasonable limits on amount and duration
• Consider creative settlement options that might be more favorable than extended payments
• Protect your financial interests throughout the process

Practical Steps to Prepare

Whether you might pay or receive spousal maintenance, thorough preparation is essential:

• Document financial circumstances: Gather tax returns, pay stubs, bank statements, investment accounts, and documentation of monthly expenses
• Assess employability: Consider education, training, work history, and current job market conditions
• Understand the timeline: Be aware of how the duration of your marriage affects potential support periods
• Consult early: The sooner you seek legal advice, the better positioned you’ll be to navigate this complex area

Take Control of Your Financial Future

Spousal maintenance decisions can have profound, long-lasting effects on both parties’ financial stability. The intricacies of Texas law, combined with the unique circumstances of each marriage, require careful analysis and strategic planning.

Contact Barton & Associates, Attorneys at Law today at 210-500-0000 to schedule a confidential consultation. Our experienced family law attorneys will provide clear guidance on your rights and obligations regarding spousal maintenance, helping you navigate this challenging aspect of divorce with confidence and clarity.

Main Category: Family Law
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000