If you were supporting your spouse during your marriage, you might be worried that you’ll be required to pay spousal maintenance or alimony. This can seriously impact your post-divorce finances, and you might be wondering how to avoid paying spousal support in Texas.
Understanding how you can reduce or avoid making spousal support payments first requires that you have a sense of the different types of support that are allowed under Texas law.
If you are worried about court-ordered spousal maintenance, you can find some peace in the fact that Texas is one of the hardest states in which to get alimony. If your main concern is negotiated alimony as a part of the settlement agreement, though, avoiding alimony legally becomes a different task entirely.
Let’s take a look at what you need to know about spousal support in Texas to help you craft a strategy that works for you and your post-divorce finances.
The term spousal support is often used interchangeably with alimony, even though Texas law never once uses the word alimony. The purpose of this type of support is to provide a continuing income to a lower-wage-earning spouse or a non-wage-earning spouse.
There are several different types of spousal support in Texas, which are:
Texas is considered one of the hardest states in which to get spousal maintenance awarded by a court. Unlike other states, there are strict qualifications that must be met in order to qualify for spousal maintenance, and courts are bounded by limitations in terms of how much maintenance can be ordered and for how long.
The state of Texas doesn’t favor ordering spousal maintenance. In fact, proceedings begin with the assumption that it wouldn’t be appropriate to award these payments to either spouse.
There is a statutory cap on how much a court can order one spouse to pay to another. The law additionally limits the length of time that these payments can go on for after a divorce.
Texas law sets a maximum amount of spousal maintenance that courts can order, which is:
Out of these two options, courts can only award the lesser of these two amounts. This means that if a person makes $30,000 in gross monthly income on average, they can only be ordered to pay up to $5,000 in spousal support each month even though 20% of their income would amount to $6,000.
Once you take a look at the qualifications for receiving spousal maintenance, you’ll see just how difficult it is to even be considered for court-ordered maintenance. Couples are able to set up their own agreement regarding spousal support, however, as a part of the divorce settlement. It’s common for this to take place through voluntary or compulsory mediation.
A spouse might fight for contractual alimony during the negotiation process, even if they are far from being able to qualify for spousal maintenance in Texas.
A number of different issues are attemptedly worked out during the mediation process, including:
This agreement will be submitted to a judge to sign once both couples have signed the contract. It will then be entered into the final divorce decree so long as they find that everything is in order.
Once the settlement has been entered into the final divorce decree, both parties are contractually bound to adhere to it.
Spouses have a lot more elbow room when it comes to contractual alimony to create an agreement that works for them versus court-ordered spousal maintenance. They can pretty much come to any agreement in regards to:
The way that contractual alimony is enforced is different from the way spousal maintenance is enforced.
Temporary spousal support is alimony that is paid only during the process of divorce. Once a certain time period has passed (which relates to how long the court thinks it should reasonably take the lower-earning spouse to become financially independent,) the supporting spouse no longer has to make the payments.
In some cases, judges will award this type of support where it extends beyond the divorce finalization for a short time.
The spouse that wants to receive temporary support has to file a Motion for Temporary Orders– it’s not something that happens automatically. Temporary spousal support is reserved for circumstances where the court finds it to be fair and necessary, and it’s worth noting that it certainly isn’t always awarded.
If you're trying to avoid paying spousal support because you're worried about your post-divorce finances, you're likely also concerned about the cost of the divorce itself. Some people try to keep the cost of divorce down by avoiding hiring a lawyer, but this is usually only a good idea if your case is agreed upon and your estate isn't too complex. You can learn more about getting a divorce without a lawyer in Texas here.
There are specific parameters for determining the duration of spousal maintenance when it is court-ordered.
The court is limited in how long it can order support to be paid depending on how long the marriage lasted. The parameters are as follows:
Either spouse has the right to request spousal support as a part of a Texas divorce process. However, at least one of the following circumstances has to exist and the requesting spouse must not have enough property to provide for their basic needs at the time of the divorce:
As you can see, Texas is very strict about who can receive court-ordered support as a part of a divorce.
That being said, any couple is free to come up with their own alimony agreement as a part of their divorce settlement. These qualifications only apply when it comes to the court’s ability to order spousal payment.
If you're worried that your spouse is trying to pull something funny in order to get money out of you after the divorce when they don't really need it to meet their needs, you'll probably want to look at these common sneaky divorce tactics so you know what to keep an eye out for.
In Texas, every spousal maintenance case begins with the presumption that it wouldn’t be appropriate to award maintenance. If the spouse requesting maintenance can prove that they have tried, in good faith, to earn the money they need to meet their basic needs (whether through getting a job or getting the required education or training,) a court will move forward with the evaluation.
A number of factors will be taken into account when determining whether someone needs spousal maintenance, including:
How spousal support is enforced in Texas has to do with whether the support comes in the form of spousal maintenance or contractual alimony.
Contractual alimony can be enforced by the court only to the extent that it aligns with statutory requirements. Beyond that, it can only be enforced in the same way any other contract would be in the state of Texas. This means that it can be pursued as a civil, but not criminal, claim.
If a person fails to pay court-ordered maintenance, the court has the ability to find them in criminal contempt and even send them to jail.
If you are worried about being ordered to pay spousal support by the court, you might be relieved to learn about how strict the qualifications are for a person to receive payments in this manner. However, that’s not much consolation if your spouse does, in fact, qualify for spousal maintenance.
On the other hand, you might be facing divorce negotiations where your spouse is gunning for alimony payments as a part of the settlement.
It’s worth understanding that there can be serious consequences of not paying spousal support when there is a court order dictating that you do so. Not abiding by contractual alimony is a breach of contract and can also lead to unsavory outcomes.
If you’re already expected to pay spousal support in one way or another, you’ll want to take a look at the legal avenues for reducing or terminating the order or agreement, which we’ll discuss a little later on.
Of course, this option requires having some foresight. This type of agreement is becoming increasingly common, as more and more people are getting married later in life with more assets to their name.
Prenuptial agreements and postnuptial agreements are similar in the issues that they deal with, but they differ in when they are signed. Prenups are written and signed before marriage in contemplation of marriage, while postnups are written and signed after the parties get legally married.
If you and your spouse agree to waive the right to spousal maintenance and alimony in one of these contracts, Texas courts will most likely abide by the contract you’ve both agreed to.
For a prenup or a post-marital agreement to be enforceable, though, a number of elements are required:
When it comes to prenups, they also have to be written: “in contemplation of marriage.”
If your spouse asked the court for spousal maintenance and you believe that they don’t need the money to cover their basic needs, you can work to demonstrate that your spouse has the necessary assets in order to cover his or her cost of living without added assistance from you.
Even if your spouse doesn’t have a current source of income, that doesn’t automatically mean they are going to need support. A court will consider additional resources including assets that could be sold, large investment accounts, trust funds, and more.
Are you looking for the most cost-effective way to get divorced in the Lone Star State? Check out these cheap divorce options in Texas.
The way that spousal maintenance works in Texas is that the duration of payments ordered is directly related to how long the marriage lasted. While this option obviously won’t be possible for everyone, understanding the relationship between the duration of a marriage and how long you have to pay spousal support can be a useful piece of information to include in your divorce contemplation.
When you look at the qualifications for receiving court-ordered support, you’ll see that the required elements certainly don’t apply to all Texas marriages. The most common method that a spouse obtains spousal support is through the qualification of having been married for at least ten years and not being able to support themselves financially.
If you are approaching the ten-year mark and you know your marriage isn’t working out, it might incentivize you to get moving toward divorce sooner rather than later.
Even if your spouse doesn’t have a source of income and claims they won’t be able to find a job, it’s possible that they actually already have the training they need to find work and make enough money to be financially independent. If they are asking the court for maintenance or an existing order is in place, you might be able to ask that the court evaluates their employability.
Even if this doesn’t help you totally avoid alimony, it might help to shorten the amount of time you have to pay support after divorce.
A judge will take a look at your spouse’s education, job history, and training in order to determine whether they should be able to support themselves after divorce.
If you expect your spouse to fight for contractual alimony during mediation, you might be able to find a compromise that lets you off the hook from making monthly payments.
When embroiled in a contested divorce, it’s usually advised to have a lawyer. Divorces are complex and the outcomes can have serious outcomes on your day-to-day life post-divorce. Working with a lawyer can help you understand what your options are and help you determine the best course of action.
There are a number of ways you can try to avoid making monthly payments through a divorce settlement.
The first option is to make other concessions instead of paying alimony. One common example of this tactic is letting your spouse keep the marital home or other valuable property in exchange for releasing you from the expectation of making alimony payments.
The second option is making a lump sum payment as a part of the divorce settlement rather than ongoing payments.
If you choose to go the second route, it’s important to make sure this will actually be less expensive in the long run. A financial advisor and a tax specialist should be able to help you figure out the option that is most favorable to you.
If you’ve been making spousal maintenance payments and your ex has started living with a new romantic partner, you can request termination of the maintenance payments. You will need to be able to prove that your spouse is married to a new person or living with someone they are in an intimate relationship with.
Texas law outlines a number of different circumstances when spousal maintenance can be terminated, and the supported spouse getting remarried or moving in with a romantic partner is one such instance.
If there has been a substantial and material change of circumstances since the order was first put in place, a court can modify your maintenance orders. The paying spouse is required to continue upholding the requirements of the existing order, however, until the court changes the award formally.
This means that you should not stop paying spousal support or reduce your payment even if the court is considering your request to modify the amount owed. You must wait until the new order is in effect.
If you don’t comply with the existing court order, you can end up facing serious consequences, including bank liens, steep fees, or even jail time.
In general, spousal maintenance continues until the stated termination date. There are some exceptions, though. These include:
It’s important that you continue to follow the existing court order until the judge hears your request for a spousal support modification and terminates or modifies the order.
Of course, it’s important to stay within the boundaries of the law when you are trying to avoid spousal support in Texas. And, depending on your circumstances, you might feel that paying some amount of support is justified.
That being said, it’s totally natural to be worried about having to send a big portion of your income to your ex-spouse for a specific period of time after your divorce is final. If you feel that your spouse is trying to bleed you dry when they don’t actually need the money in order to survive, the whole process can be particularly aggravating.
If you’re getting divorced in Texas, one of your primary priorities should be learning about your rights and obligations under the law. Divorce can be a stressful and emotional time, but getting a better grasp of the process can be very helpful to let you know what to expect and how to best protect your interests and rights.
Are you looking for more resources about Texas family law? Be sure to check out TexasDivorceLaws.org.
If you've been supporting your spouse throughout your marriage, you might be wondering whether you'll be ordered to make payments after the divorce is final to your ex. If you're wondering how to avoid alimony in Texas, there are a number of things you'll want to understand about spousal support in the Lone Star State.
First of all, alimony isn't a given in every divorce in Texas. Court-ordered spousal maintenance is only ordered in specific circumstances. However, it's possible that alimony will be an issue that needs to be negotiated in your divorce settlement.
It's reasonable to be concerned about the financial burden of paying alimony after the divorce is final. The good news, though, is that Texas courts begin with the presumption that court-ordered maintenance won't be appropriate.
If you are embroiled in a divorce where your spouse is fighting for court-ordered maintenance, though, or putting alimony on the table in the settlement process, stick with us while we look at how to avoid alimony.
Alimony refers to payments made by one spouse to another as a part of the divorce process. The purpose behind these payments is to help support a spouse that makes a lower income or has no income financially.
Each state has its own laws regarding alimony. In some places, a court might order a higher-earning spouse to make payments to the lower-earning spouse in order to allow them to maintain the same lifestyle they had during the marriage. In other states, though, alimony isn’t intended to help the lower-earning spouse live the same lifestyle but instead meet their basic needs.
It’s worth understanding that Texas law doesn’t use the word “alimony.” Instead, they refer to spousal support and spousal maintenance. In addition to these terms, Texas courts will uphold contractual alimony so long as all the necessary requirements are met.
When you get married, certain legal duties are established for both spouses. One such duty is the reciprocal obligation to support one another, including financially.
In the state of Texas, though, the public policy puts forth the idea that a spouse’s duty to support the other spouse is terminated by the end of the marital relationship. This means that a Texas court won’t award a spouse maintenance payments in the form of traditional permanent alimony. If your spouse is expecting the court to order payments in order to uphold a certain lifestyle standard even though they have the means to meet their basic needs after divorce, they’re out of luck.
Not terribly long ago, Texas courts held that an individual was only entitled to their share of community property when a marriage dissolved. However, in 1995, this policy shifted somewhat when it was specifically recognized that spousal maintenance is valid in certain circumstances.
In general, Texas courts are greatly restricted in their power to order spousal maintenance in a divorce, both in the amount and duration of payments.
That being said, divorcing parties are free to create a contractual agreement that outlines alimony payments after divorce.
The public policy in Texas favors the notion of freedom of contract for individuals. This means that people are free to enter into private contractual alimony agreements.
Before we learn about how to avoid or reduce alimony in Texas, it’s important to understand the different types of spousal support in Texas. The Lone Star State is considered one of the most difficult places to get court-ordered spousal maintenance in a divorce, and there are strict qualifications that the supported spouse has to meet for a judge to order the other spouse to make payments to them.
Under the Texas legislature, courts are able to award spousal maintenance payments to a spouse for a brief period of time after a divorce in specific situations. Texas law does not favor spousal maintenance, and courts enter into proceedings with the assumption that spousal maintenance would not be appropriate.
The amount of spousal maintenance that can be ordered by the court has a statutory cap. On top of that, the duration of time that these payments are required is limited by the law.
The maximum amount of spousal maintenance that can be ordered is set at 20% of the average monthly gross income of the higher-earning spouse, or $5,000, whichever is lower.
In order to find your gross income for the purposes of estimating spousal maintenance, you’ll want to add up everything that you earn in a month, including:
It’s important to understand that courts will only award spousal maintenance in specific circumstances. We’ll discuss the qualifications for receiving spousal maintenance a little later on.
As opposed to spousal maintenance, contractual alimony isn’t determined by a court. Instead, it is typically created as a part of a divorce settlement through the agreement of both spouses. This often occurs through mediation, whether compulsory or voluntary.
During the mediation process, spouses will bargain over a number of issues, including:
When the divorcing couple comes to an agreement that they are both willing to sign, they will submit it to the judge. So long as everything is in order, the judge will enter the agreement into the final divorce decree. Spouses are then contractually bound to adhere to the agreement they signed, as the final divorce decree is binding.
With contractual alimony, as opposed to court-ordered maintenance, spouses have the freedom to determine the terms of alimony payments, including the amount, the duration, and how frequently payments are made. With spousal maintenance, courts are significantly limited in terms of when they can order maintenance payments, for how much, and for how long.
Contractual alimony also differs from court-ordered maintenance in the way that it is enforced.
If an ex-spouse doesn’t make court-ordered payments, the court might enforce the payments using its contempt powers. This means that they could face fines or even time in jail.
There are a number of defenses that an individual might use in these cases, including:
Contractual alimony, on the other hand, is only enforceable to the extent it aligns with statutory requirements.
For example, let’s say that you entered a contractual agreement to receive alimony payments for fifteen years. However, the court would not have been able to order more than ten years' worth of maintenance payments. If your ex-spouse ceases to make the payments they agreed to in the eleventh year, the court wouldn’t be able to hold them in contempt.
That being said, you can pursue a civil claim in order to enforce your rights when it comes to contractual alimony.
If you’re getting a divorce in Texas, you’ll also want to know about temporary spousal support.
This type of support is only paid during the divorce proceedings and potentially for a short period of time after the divorce is final. How long this type of support is paid is determined by the court depending on how long they believe it will take the supported spouse to find another means of financial support or income.
A Motion for Temporary Orders must be filed by the spouse seeking support in order to receive it. This type of support is reserved for situations where the court believes the payments are fair and necessary. This means that receiving this type of support (or being ordered to pay it) is not at all a given.
If you’re in an informal marriage and you and your partner are splitting up, you might be wondering if you qualify for paying or receiving alimony. Texas law sees common law marriages as equally valid as traditional marriages. So long as it can be proven that the marriage existed, the process of dissolving a common law marriage is the same as dissolving a formal marriage. You can learn more about common law marriage in Texas in this guide.
Spousal maintenance is in no way automatic in Texas. Usually, it is requested by a spouse when they aren’t able to be financially independent after the divorce. A court could order you to pay maintenance to your ex if they don’t have enough to cover their basic living expenses and if they don’t have the means to immediately get a job to earn enough income to support themselves.
Sometimes, one spouse has been out of the workforce for a long time because they have been raising children or taking care of an elderly parent. Having spent significant time away from the workforce, they might argue that it will be difficult for them to get a job and be financially independent after divorce.
Courts will decide whether or not spousal maintenance is necessary in your specific case. However, divorcing couples are free to come to their own agreement regarding alimony payments as a part of their divorce settlement.
Both spouses are free to request spousal maintenance during a Texas divorce. That being said, courts are seriously limited in their ability to award maintenance under Texas law.
Basically, a court only has the power to order spousal maintenance if the spouse requesting financial support can’t meet their basic needs at the time of divorce and one of the following circumstances is true:
As you can see here, there are only very specific circumstances that allow Texas courts to order spousal maintenance. When support payments are awarded by the courts, the most common circumstance is that a spouse is unable to support themselves and they have been married for at least ten years.
Courts will take a number of financial and non-financial factors into consideration when determining spousal support.
Of course, the judge will look at the income of each spouse when determining whether spousal maintenance is appropriate or necessary. In addition to income, though, they will also consider:
A judge can consider the fact that you could be earning more than you’re currently earning when determining whether spousal maintenance will be ordered. In these instances, they will use the potential earnings of a spouse rather than the current earnings of a spouse to determine the amount of the award.
The financial factors in a divorce case are the primary elements that a judge will consider. However, additional information can impact their final decision, such as:
Alimony and spousal maintenance are ways to help a lower-earning spouse that would be unable to support themselves immediately after marriage get back on their feet. However, in some cases, a spouse might try to prove they require court-ordered maintenance or fight for alimony in a settlement when you don’t feel they actually need the payments in order to make ends meet.
Let’s look at some of the ways that you can avoid or reduce alimony in a Texas divorce.
In the state of Texas, the court begins with the assumption that neither spouse should receive spousal support. Only if the spouse asking for maintenance payments is unable to meet his or her “minimum reasonable needs” will the court consider ordering these payments.
There are a number of factors that the court will take into account to determine whether maintenance is needed in a divorce case. These include the spouses:
If you are worried that you are going to have to make spousal maintenance payments, it’s worth understanding that spousal support is certainly not a given in Texas. If you can prove that your spouse has the ability to find gainful employment or support themselves, the court won’t order you to make payments to them after divorce.
Even if your spouse doesn’t have the means to get a job right away, that doesn’t mean they need spousal maintenance. If you and your lawyer can prove to the court that they have the assets to cover their minimum basic needs, you are much less likely to have to make alimony payments.
For example, your spouse might have a large investment account, a trust fund, or considerable individual assets that they could sell to cover the cost of their basic needs after a divorce.
It isn’t unheard of for a spouse to claim that they will be unable to find employment after divorce that allows them to meet their minimum basic needs, even if this isn’t true. If you can prove to the court that your spouse does have the training necessary to find a well-paying position, you might be able to avoid paying alimony or shorten the duration of time you are ordered to pay alimony.
If you believe your spouse is capable of finding gainful employment after divorce, you can ask the court for an evaluation of their employability. The court will look at a number of factors, including their:
If a judge finds that your spouse requires less training or schooling to find a new job than they initially claimed, it can help you avoid or reduce the spousal support you are ordered to pay.
Of course, this might not be possible in every instance. However, if you know you want a divorce and you are waiting for the right time, it’s worth understanding that the length of your marriage can have an impact on whether spousal maintenance is ordered by a court.
Even if you are ordered to pay spousal support, the length of the marriage also directs how long you are ordered to make payments for after the divorce is finalized.
For example, if you haven’t been found responsible for domestic violence, your spouse simply might not qualify for support if the marriage lasted less than ten years.
If you have a prenuptial agreement or post-marital agreement that waives the right to alimony and spousal maintenance, you can rest assured that Texas courts will likely abide by your existing contract. That being said, there are a number of elements required for a prenup or post-marital agreement to be enforceable, including:
Many couples avoid creating a prenup before marriage because they feel it indicates that they don’t think the marriage will last. However, there are a lot of benefits to creating prenups, including helping to avoid conflicts down the road about how finances are dealt with in the marriage. In fact, it can be a great tool that strengthens a relationship because important considerations are discussed and agreed upon before the marriage even begins.
If you’re concerned about your soon-to-be-ex fighting for alimony either through the courts or in a divorce settlement, one of the best things you can do is hire an experienced family law attorney.
If alimony is on the table during your divorce settlement, there are a number of options to help avoid the outcome of making monthly payments to your ex after divorce.
One option is to make a one-time, lump sum payment to your spouse as a part of the divorce settlement. In the long-term, this can provide a cost-savings for the supporting spouse. That being said, it’s a good idea to consult with a tax specialist and a financial advisor to make sure that this is the most beneficial option for you in the big picture.
You also might be able to avoid paying alimony in a divorce settlement if you are willing to make other concessions. These might include allowing the spouse to keep valuable assets, including the marital home or other property.
A good divorce lawyer will help you examine all of the different options when it comes to creating a divorce settlement. By looking at your assets, debts, and overall situation, they can assist you in coming up with an agreement that is worth fighting for as well as determine what concessions are worth making.
Of course, hiring a lawyer for your divorce isn’t cheap. This leaves some people wondering if they can manage to get divorced without bringing an attorney onto their side. Getting divorced without a lawyer is generally only advisable in certain circumstances, so you’ll want to consider the pros and cons carefully before deciding to represent yourself in a divorce case.
If you’ve already been ordered to make spousal maintenance payments and you’d like to request the termination of the payments, showing that your spouse is living with or married to a new partner is one reason that Texas will put an end to the required payments.
There are a number of circumstances in Texas that you are allowed to request termination of spousal support payments, including your ex living with an intimate partner or getting remarried.
The prospect of having to pay alimony can be incredibly distressing, and this can leave them hoping that they can skip town to avoid making the payments. Let's take a look at some commonly asked questions about alimony and spousal support to ensure that you understand what is and isn’t possible when it comes to avoiding alimony.
If you signed a contractual alimony agreement with your spouse, moving out of state won’t free you from this obligation. The same is true if you are ordered to pay spousal maintenance by a court.
Are you supposed to be receiving alimony or maintenance payments from a spouse and they haven’t been paying up after moving out of state? This probably means that it’s time to hire a lawyer to help take a look at your options.
Even if your spouse is required to make payments to you, that doesn’t mean it isn’t sometimes difficult to collect these payments.
The enforcement options are different when it comes to spousal maintenance and contractual alimony. If you fail to pay court-ordered maintenance, it’s possible you could be found in criminal contempt and even go to jail. Contractual alimony, on the other hand, is only enforced to the extent it aligns with statutory requirements. Otherwise, it is enforceable in the same way other contracts are in Texas, meaning you could work to enforce your rights by pursuing a civil claim.
An experienced lawyer will know the best way to pursue the payments you are owed, whether by court order or by contractual agreement.
Moving out of the country won’t remove your legal obligation to make spousal support payments. This is true whether it was ordered by a court or agreed upon contractually as a part of the divorce settlement.
If you’re worried that your spouse is planning on playing dirty pool during your divorce, it’s a good idea to familiarize yourself with some common sneaky divorce tactics. This will help you know what to keep an eye out for as your divorce progresses.
If you are getting divorced for the second (or third, or fourth, etc.,) time, you might be wondering if it’s legal for an individual to pay alimony or spousal maintenance to more than one ex-spouse.
In short, the answer is yes.
If you sign a contract with more than one spouse agreeing to pay alimony, you will be responsible for upholding your end of the contract in both cases.
If you are ordered to pay spousal maintenance to one ex, and you are getting divorced again, you can still be ordered to make support payments to another spouse. If you are in this situation, it’s a good idea to talk to an attorney to help estimate what your spousal maintenance payments will be and for how long you will be expected to pay them.
Getting divorced can be an incredibly stressful time, both emotionally and financially. In terms of the finances, you not only have to worry about the cost of divorce, but you also have to think about what your post-divorce finances will look like.
If you were the higher-earning spouse, you might be worried that you will have to pay alimony or spousal maintenance. If there are children involved, you also might be ordered to pay child support.
Understanding your rights and responsibilities under Texas law can help you obtain an outcome that you are happy with after a divorce. For more information about family law in Texas, be sure to check out our library of articles at TexasDivorceLaws.org.
When you're trying to plan for your post-divorce finances, you're probably wondering whether you should expect to pay or receive alimony. Different states have their own guidelines for awarding spousal maintenance, which is sometimes bounded by the duration of the marriage. If you're getting divorced in the Lone Star State, you're probably wondering: how long do you have to be married to get alimony in Texas?
The reality is that Texas has some of the most strict guidelines surrounding court-ordered spousal maintenance. Texas law doesn't favor awarding maintenance and only does so if it is necessary to help the supported individual get to a point where they can be financially independent.
That being said, divorcing couples can come up with just about any alimony agreement they are both comfortable with and include it as a part of their divorce settlement. It's worth understanding, though, that the way that court-ordered spousal maintenance and contractual alimony can be enforced by the courts aren't the same.
Let's take a look at how long you need to be married in Texas to receive alimony and everything else you should know about spousal support and maintenance.
Alimony is a term commonly used to refer to payments that one spouse makes to the other during the divorce process and/or for some period of time after the divorce is final.
That being said, the term “alimony” is not used in Texas law.
Instead, Texas law refers to “spousal support” and “spousal maintenance.” Spousal support is usually something that spouses agree upon as a part of their divorce settlement and is voluntary. This type of support is enforced in the same way that a contract is enforced under Texas law.
Spousal maintenance, on the other hand, is ordered by a court and is therefore not voluntary.
As a part of the Texas divorce process, either spouse can request spousal maintenance. The court is only able to award spousal maintenance, however, if the spouse that is requesting maintenance can’t provide for their basic needs and at least one of the following is true:
Courts decide whether to award spousal maintenance on a case-by-case basis.
As you can see from the qualifications listed in the previous section, Texas has fairly strict criteria through which it determines whether spousal maintenance will be ordered in a specific case.
Most people that receive spousal support in Texas do so through the first qualification listed above. In these circumstances, the spouses have been married for at least ten years and the dependent spouse isn’t able to earn enough income to meet their basic needs.
So, the short answer to the question of “how long do you have to be married to get alimony in Texas?” is ten years.
However, if you qualify based on the other three points listed above, you might be able to receive spousal maintenance through a court order even if you haven’t been married for ten years.
If you and your spouse determine alimony voluntarily in your divorce settlement, however, the two of you are free to come to an agreement that suits you regardless of how the marriage lasted.
It’s worth understanding that Texas law views “spousal support” and “spousal maintenance” as two separate concepts.
Spousal support is commonly determined through a divorce settlement. This is a voluntary agreement that is reached between the involved parties. This agreement is contractual and is therefore enforced just like a contract.
Spousal maintenance, on the other hand, is ordered by a court and not voluntary. It can therefore be enforced as a court order.
Though Texas law doesn’t use the term “alimony,” you still might come across a discussion of “contractual alimony” when reading about spousal support in Texas divorce cases. Contractual alimony can be understood as synonymous with “spousal support” as it is defined by Texas law, where it refers to a voluntary, contractual agreement that can be included in the divorce settlement.
Texas divorces are commonly settled through agreement by the spouses. This can occur either through compulsory mediation or voluntarily. There are a number of different issues that couples will negotiate during this process, including how to divide property and debts, a parenting agreement, and alimony payments.
When spouses come to an agreement that they both can agree on, they submit it to the judge to determine if it can be entered into the final divorce degree. Once the judge signs the final divorce decree, the spouses are contractually bound to the agreement, including any alimony awards they settled upon.
One important difference between court-ordered spousal maintenance and contractual alimony is that the spouses are able to agree upon basically any arrangement that works for them in a contractual alimony agreement. Couples can decide on the amount of alimony and how long alimony will be paid as a part of a divorce settlement. This includes potentially instituting permanent alimony payments.
On the other hand, court-ordered spousal maintenance is much more limited both in the amount of maintenance awarded as well as the length of time that payments are ordered to be made.
If an individual is ordered to pay spousal maintenance by the courts, the obligation will end when the award time period ends. It can terminate before this point if either spouse passes away or if the party receiving spousal maintenance gets remarried.
Courts can also terminate spousal maintenance payments if it is found that the individual receiving payments is living with someone else that they are romantically involved with.
There are strict guidelines that judges must follow under Texas law when they are determining the duration of spousal maintenance awards.
For most maintenance orders, the duration of support is limited under Texas law. The guidelines for the duration are:
Texas law requires that judges order spousal maintenance support for the shortest necessary duration for the spouse receiving maintenance to become financially independent. However, there are some exceptions to this, which include:
Getting divorced can be an incredibly stressful period of life, and determining how much spousal support will be paid and for how long can certainly contribute to that stress. While Texas laws are very strict about when it awards spousal maintenance and for how long, you still might find that your spouse is demanding a high amount of alimony through the divorce negotiation process. If you're dealing with a difficult spouse during divorce, be sure to check out some of the most common sneaky divorce tactics.
Texas limits how much support can be ordered by a court, which is unusual compared to other U.S. states. The amount of maintenance awarded cannot be more than 20% of the average monthly gross income of the supporting spouse or $5000 per month, whichever amount is less.
Spousal payments ordered by a judge are commonly periodic and usually come in the form of monthly payments.
In order to collect spousal maintenance, the court might order an income withholding order. This order directs the employer of the paying spouse to deduct the ordered payments from their paycheck in order to send it to the appropriate court agency.
When you're getting divorced, you're likely very concerned with how dissolving your marriage is going to impact your finances. In addition to factors like spousal maintenance and child support, there is also the expense of the divorce process.
Some people choose to get divorced without a lawyer in Texas in order to save money. However, this is usually only advised in very simply divorce cases where the spouses agree on all of the terms and don't have very complicated estates.
Spousal maintenance orders can be changed if the court finds that there has been a substantial and material change in circumstances since the original order was created.
However, the paying spouse has to follow what is outlined in the existing court order until the award has been formally changed by the courts.
If an individual fails to comply with a court order, even if you have made a request to modify spousal support awards, you can face serious penalties. These can include:
If a spouse is supposed to be paying spousal maintenance and isn’t, the supported spouse can file a formal request with the court in order to help enforce the existing order.
Texas law does not favor giving spousal maintenance, and therefore courts always begin with the presumption that it wouldn’t be appropriate to award spousal maintenance. If the spouse that is asking for support is able to prove that they have made a good faith effort to become financially independent and still need support, the court will move forward with an evaluation in regards to maintenance. A good faith effort is typically understood as a genuine effort to earn income or receive the necessary education or training in order to earn income.
There are a number of factors that the court will look at in order to determine how much money should be paid to a spouse and for how long. These include:
Divorce tends to precipitate change in many different aspects of life, including how you pay taxes.
The impact of divorce on how one pays federal taxes used to be larger than they currently are, however. Due to the Tax Cuts and Jobs Act of 2017 (TCJA), alimony or maintenance payments that relate to divorce agreements that are dated January 1, 2019, or later are no longer tax-deductible for the individual that is making the payments. Additionally, the spouse that has been receiving maintenance or alimony payments isn’t required to report these payments as a source of income.
Before this act went into effect, people receiving alimony had to claim it as income, and people paying alimony could claim it as a deduction.
To understand how spousal maintenance or alimony impacts your taxes at the state level, you’ll want to consult with a tax professional.
If a court orders that one party pays spousal maintenance to the other, the court will typically enter an order to have a specific amount of the paying spouse’s income withheld by their employer in order to be paid to the receiving spouse.
Yes, a prenuptial agreement can provide for alimony in a Texas divorce. You can also choose to incorporate information about limitations regarding spousal support in terms of the amount, duration, and terms if a divorce were to take place.
Prenuptial agreements are contracts that a couple creates and signs in contemplation of marriage. These contracts typically cover what will happen in the case of divorce.
When it comes to alimony, prenups in Texas can include an agreement to:
Prenups are enforceable in Texas courts so long as the contract is:
Figuring out what you should ask for in a prenup can be difficult, as many people feel uncomfortable thinking about how assets and debts will be divided in the case of divorce before they even get married. However, prenuptial agreements can serve as a part of smart family planning and can help to avoid financial conflicts and issues down the road. This article takes a look at what you should ask for in a prenup.
The state of Texas does not generally favor spousal maintenance, and the laws of the Lone Star State are quite narrow when it comes to court-ordered alimony when compared to other states. The spouse that is asking to receive spousal maintenance has to fulfill the qualifications listed above in order for a court to consider awarding them maintenance.
Setting up a contractual agreement or receiving a court order for maintenance is only the first step in receiving spousal support. If the supporting spouse isn’t making the payments they are required to either through court order or contractual obligation, you’ll want to learn about how alimony and maintenance are enforced.
Some consider the laws surrounding spousal maintenance in Texas to be the strictest in the entire country.
Courts have the ability to enforce spousal maintenance orders using their contempt powers, according to Section 8.059 of the Texas Family Code. Under Texas Government Code Sec. 21.002, when a party is held in contempt, it means that fines or jail time can be ordered by the court for a failure to comply.
Defenses for the spouse that is being held in contempt include:
Paying for court-ordered spousal maintenance is only one of the financial considerations individuals have to think about when getting divorced. The entire process can be quite expensive, and it might be prudent to consider some of the cheap divorce options in Texas if you are concerned about how divorce will impact your financial situation.
Contractual alimony or spousal support is not a court order, but is, instead, a contract. This means that the court’s power to enforce contractual alimony is more limited than its power to enforce spousal maintenance.
The court doesn’t have the power to hold the supporting spouse in contempt. This means that the supported spouse might be less successful in their attempt to enforce the contractual agreement. That being said, courts can enforce these contracts through specific performance or damages.
The court can order income withholding for both court-ordered spousal maintenance and contractual alimony. Texas law states that the court can order income to be withheld from the paying spouse’s earnings, as well as when there is a voluntary agreement that has been entered into the court and approved by the court.
Common law marriage is viewed as equally valid and legitimate as a formal marriage under Texas law. This means that the process of getting divorced in a common law marriage is identical to the process of getting divorced in a traditional marriage.
That being said, it can sometimes be difficult to prove that a common law marriage existed in the first place. Couples can avoid this outcome by filing a declaration with the county clerk.
Other documents might be requested by the court to prove the marriage existed if couples don't declare their marriage with the court. Such documents include:
If there is a dispute regarding whether the marriage existed and no declaration was filed with the court, you might have to first go to court to prove the marriage before you can go through the divorce process.
It's worth noting that there is a two-year statute of limitations on this particular type of proceeding.
You can check out our complete guide to common law marriage in Texas here.
No, neither alimony nor spousal maintenance is mandatory in the state of Texas. Judges have to follow strict guidelines if a spouse is requesting support through the court.
A specific set of criteria must be met for a spouse to qualify for spousal maintenance in Texas. Contractual alimony, on the other hand, is something that you and your spouse can agree on as a part of the divorce settlement. Since they aren't court-ordered, they don't face the same strict guidelines that govern spousal maintenance in Texas.
Divorce doesn't happen overnight, which means that divorcing couples can be left in a strange middle ground where they are getting divorced but still technically and legally married. In order to ensure that both individuals are able to financially meet their basic needs during this time, a temporary spousal support order might be put in place.
These are payments that only occur for a set period of time. The court decides how long this time period is based on the reasonable amount of time it will take for the lower-earning spouse to find another means to become financially independent.
In some cases, a judge might give temporary spousal support to a lower-earning spouse for a period of time after the divorce is final.
In order to receive temporary spousal support, the lower-earning spouse needs to file a Motion for Temporary Orders. Courts will only award this type of support when they believe it is necessary and fair to do so. People who request temporary support are not always awarded it in Texas.
Divorce is one of the most stressful things that someone can go through, and the financial impact of divorce doesn't make the emotional difficulty associated with the process any easier. Not only is the divorce itself expensive, but you might be very concerned about your finances post-divorce.
Whether you're concerned that you don't have the ability to support yourself after marriage or you're worried about how much money you will need to give in the form of spousal maintenance or contractual alimony, getting a divorce can have a lasting impact on your finances.
One of the best things you can do to help cope with the process of divorce is to learn as much as possible about your rights and responsibilities under the law. While it might not be anyone's idea of a good time to read through legal articles on your day off, you'll find that the more you understand about the process the less fearful you are of it.
If you're searching for more resources to help you during the divorce process, be sure to check out our library of articles at TexasDivorceLaws.org.
If you’re getting divorced, the topic of alimony might be on your mind. For example, maybe you’ve been in a one-income household in your marriage as one partner stayed home to raise the kids. What is the stay-at-home-spouse going to do financially after the marriage dissolves? Understanding Alimony in Texas is essential if you’re expecting to pay or receive spousal support, as Texas law is actually pretty unique in this regard.
When you’re thinking about alimony, there’s probably one question that’s particularly on your mind: how much is it?
The answer to that is: it depends. If you receive alimony that is ordered by the court, there are limits on how much alimony you receive each month and for how long. On top of that, there are strict qualifications you have to meet to even be able to receive alimony through a court order.
On the other hand, how much alimony you receive (or pay) through a contractual agreement isn’t limited by the law. Let’s dive into the world of Alimony in Texas to help you understand the most important aspects of spousal support in the Lone Star State.
Though alimony isn’t mentioned in Texas Family Law, the term is synonymous with spousal support. Receiving alimony in a divorce in the U.S. isn’t rare, but it also isn’t automatic and certainly isn’t ordered in the case of every divorce.
The basic definition of alimony is when one spouse pays another after a divorce or during divorce proceeding. Different states have different uses of the term, and it can be used to refer to court-ordered payments, voluntary payments made through an agreement between couples, or both.
In Texas, the term used for voluntary payments resulting from a contract between spouses is contractual alimony or spousal support.
In general, though, there are a few things you’ll want to know about what alimony isn’t:
Texas does have alimony, but Texas Family Law never uses this specific term. In general, the law favors spousal support payments that are decided as a part of divorce settlements in the form of private contracts rather than court-ordered spousal maintenance.
That being said, spousal maintenance can be ordered by a Texas court. The laws in the state are very strict in terms of who is eligible, how much can be awarded, and the duration of the payment period.
Texas law doesn’t provide for alimony as a right. That being said, it isn’t prohibited either. For a court to order alimony payments, specific qualifications need to be met. The other option is coming to an agreement with your soon-to-be-ex and including it as a contract in the divorce settlement.
The amount of alimony an individual receives after divorce will depend on a number of factors.
First of all, spousal maintenance ordered by a court is bound by a number of limits. Under Texas law, spousal maintenance payments can be no more than 20% of the supporting spouse’s average monthly income or $5,000, whichever is lower.
As an example, let’s say that you make $3,000 a month. This means that you cannot be ordered to pay more than $600 a month.
When it comes to contractual alimony, these rules don’t apply. Since this is a private contract between the parties involved, they can negotiate an arrangement that suits them.
In some instances, one spouse might negotiate for life insurance benefits or additional other protections in case the supporting spouse were to unexpectedly pass away.
When divorcing spouses agree to a contractual alimony arrangement, the obligation can be included in the Final Decree of Divorce.
Court-ordered spousal maintenance typically comes in the form of monthly payments.
When you agree to a contractual alimony agreement, though, there are additional options. Of course, monthly payments are one of the choices on the table. Because this is a private contract between the two of you, you have a lot of flexibility in terms of how the agreement is laid out.
It’s important to understand that there might be tax consequences to awarding and accepting a lump sum alimony payment as a part of a divorce settlement. However, whether or not this award is subject to tax can have to do with whether it is referred to as a “settlement” or “alimony” in your settlement. If you’re interested in a lump sum payment rather than monthly payments, talk to your divorce lawyer and a tax attorney.
It’s worth noting that the taxation of alimony recently changed, at least in the way you deal with it on federal tax returns. This is due to the Tax Cuts and Jobs Act of 2017. While alimony once was seen as income that could be taxed and deducted depending on whether you received it or paid it, the tax implications are different for alimony for divorce agreements signed after January 1, 2019.
There are other ways that one spouse can be compensated by the other through the settlement other than alimony, too. Some of these include:
It’s a good idea to talk to your lawyer about what makes sense in your circumstance when it comes to alimony. If you are the spouse requesting alimony, you might find that your spouse is more open to offering a division of property that favors you rather than signing on for monthly alimony payments.
If you receive court-ordered alimony in Texas, there are parameters that set limits on the duration of the payments.
Judges are required to order the shortest duration necessary for support under Texas law. This is true except for instances that involve a mental or physical disability, custodial parent, or another exceptional and compelling situation.
Court-ordered alimony payments can end early if any of the following occur:
If you are trying to modify a court-ordered alimony arrangement, it’s important to understand that you have to follow the existing court order until the judge hears your request.
Are you wondering whether you can start dating again before your divorce is final? Take a look at what to watch out for when it comes to dating and divorce in Texas.
Contractual alimony agreements aren’t overwhelmingly common since both parties have to agree to the terms in order for them to be included in the Final Decree of Divorce. At the same time, the arrangement certainly isn’t rare, either. If a divorcing couple is able to come to this type of agreement, though, they have a lot of flexibility in what the terms of the arrangement are. They don’t have to deal with any limit on duration, a cap on the amount, or eligibility requirements.
Sometimes contractual alimony payments come in the form of a short-term agreement or a one-time fee. In other instances, it might be a specific amount of money every month for an extended period of time.
If you think you have the right leverage to negotiate contractual alimony under terms that are favorable to you, talk to your lawyer about what is possible in this regard.
In most cases, you have to have been married for ten years to receive court-ordered spousal support in Texas. The only exception for this is if the supporting spouse was convicted of family violence.
There are no restrictions on how long you’ve been married for contractual alimony. This is because this type of arrangement results from a voluntary agreement between the divorcing parties.
Texas is one of the hardest states to win court-ordered spousal maintenance. It is possible to win these cases in court. The court begins with the presumption that neither party should receive alimony, meaning that the need for spousal support needs to be proven. On top of that, there are very stringent qualifications that must be met to even be eligible for consideration. Even if you meet those criteria, receiving spousal support isn’t guaranteed.
However, a private contract created as a part of a divorce settlement is a much more straightforward path to take if possible.
In order to qualify for alimony that is ordered by the court (known as spousal maintenance in Texas,) a spouse has to fall within a number of fairly specific circumstances.
Divorcing couples are free to agree to a post-divorce alimony arrangement, however. They simply need to do so in a contract as a part of the settlement rather than through the court. It’s worth noting that going this route (taking the issue to court) will also likely be more expensive than drafting and signing your own private contract.
If seeking maintenance through the court is necessary, though, a spouse has to lack sufficient property once the divorce is final in order to meet his or her minimum needs.
On top of that, one of the three following circumstances must also be true:
As you might imagine, most court-ordered alimony payments result from the first option. A spouse that doesn’t meet any of these requirements isn’t eligible to receive alimony that is ordered by the court. That being said, couples can draft their own private agreement to create an arrangement for contractual alimony.
Unlike court-ordered spousal maintenance, there aren’t any conditions that must be met for someone to receive contractual alimony. This is because it is a voluntary agreement you are entering into rather than something that is ordered by the court.
The purpose of contractual alimony is to act as the primary means of subsistence of the supported spouse if they are disabled or care of a disabled child or to supplement their income.
Through contractual alimony agreements, couples can choose to create custom arrangements that suit their particular situation.
For example, maybe you are going to sell the marital home and move into an apartment, but you want to reduce the burden of transition on your children. In this instance, you might create a contractual alimony agreement where payments are made to you for a short period of time to help cover the additional living expenses of briefly managing two properties. This type of agreement can help to maintain a semblance of stability in the lives of children after the divorce.
In Texas, couples are allowed to create a binding agreement in regards to alimony in their prenuptial agreement. Prenups are a contract that soon-to-be spouses sign in contemplation of marriage. These contracts usually control how property will be divided in the case of divorce.
Prenups in Texas can include agreements between prospective spouses to:
Texas courts will enforce prenups so long as the contract is in writing, doesn’t have to be supported by “consideration,” and was created “in contemplation of marriage.” In order to be enforceable, these contracts also must have been signed voluntarily by both spouses and they must not be “unconscionable,” meaning it’s egregiously unfair.
The state of Texas recognizes common law marriage as being equally valid as a traditional marriage. This means that the divorce process is exactly the same whether you have a formal marriage or a common-law marriage. However, it is required that you can prove that the marriage actually existed.
Check out this recent post to learn more about common law marriage in Texas.
Spousal support is a term that can be used synonymously with alimony. You will also sometimes see it used to discuss court-ordered payments, which is technically called spousal maintenance in Texas.
Temporary spousal support is a type of alimony that is only paid during divorce proceedings. These payments stop after a specific period of time-based on how long the court believes is reasonable for the lower-earning spouse to find another means of financial support. A judge might choose to award temporary spousal support that continues on after a divorce is final for a period of time.
The lower-earning spouse has to file a Motion for Temporary Orders in order to receive this interim support. This type of order is reserved for cases where the court believes such action is fair and necessary. Much like spousal maintenance, it is not always awarded to those who request it.
Spousal support isn’t mandatory in Texas. If a spouse is requesting spousal support through the court, the judge has to follow strict guidelines as a part of his decision on whether or not to award maintenance payments.
Spouses have to meet a specific set of criteria in order to qualify for spousal maintenance in Texas.
The other option, though, is a contractual agreement made between the spouses as a part of the divorce settlement. These contracts aren’t bound by the same strict laws as court-ordered spousal maintenance.
Are you wondering how to keep costs down when you’re getting divorced in Texas? Check out the cheapest divorce options here.
Spousal maintenance is the term used in Texas to refer to court-ordered payments. As discussed above, awarding spousal maintenance in a divorce case occurs on a case-by-case basis.
The court will consider any and all relevant factors if a spouse is eligible for spousal maintenance. This can include factors such as:
Additional factors that can come into play include the age and health of the spouses, how long the marriage lasted, and the way that the spouses treated each other in the marriage.
In order to receive spousal maintenance, the spouse seeking support has to demonstrate that they have been searching for educational, training, and employment opportunities with diligence.
Depending on your situation, the decision to pursue post-divorce support in a Texas divorce might feel more or less optional. If it will be necessary for you to meet your basic needs, then there is certainly an argument for asking the court for spousal support. However, it’s important to weigh out the costs and benefits of doing so, as paying an attorney to attend court for spousal support matters will start to add up quickly.
If you don’t have a strong position when it comes to offering the necessary evidence to a judge, you could end up receiving little reward for having spent a large sum of money.
It’s a good idea to talk to your attorney about spousal support and your financial situation at the beginning of your case. They’ll be able to help you determine whether you have a good chance of receiving spousal maintenance through a court order. They can also help you in negotiating a contractual alimony agreement if that seems to be the better route in your particular circumstance.
Getting divorced isn’t cheap anywhere, and Texas is no exception. If you choose to take your battle over support to trial, you can expect the total cost to be much higher than if the two of you are able to come to an agreement without involving the courts. Take a look at this post about the cost of divorce in Texas to learn more.
Navigating the divorce process in Texas can feel like walking through a minefield. Not only are you dealing with the emotional and financial fallout of your marriage ending, but also the legal process itself is far from a walk in the park. When you and your spouse had widely different incomes, trying to figure out how you’re going to meet your basic needs after the divorce can be incredibly stressful.
The reality is that receiving court-ordered alimony in a divorce in Texas isn’t particularly easy. The court begins with the presumption that spousal maintenance isn’t necessary. If you haven’t been married for longer than ten years and don’t fit within specific requirements, you won’t be able to receive court-ordered spousal support.
That being said, contractual alimony agreements can allow you and your spouse to work out an agreement that is suitable for both of you. Of course, depending on how amicable the divorce is, it might be more or less difficult to get your spouse to agree to spousal support.
If you are the higher earner in your marriage, you might be glad to hear that Texas isn’t a particularly alimony-friendly state when it comes to creating court orders. That being said, you might feel that it is appropriate to offer short-term alimony or another suitable arrangement in order to ensure that your spouse isn’t left without any means to support him or herself after the divorce.
No matter where you are in the Texas divorce process, it always helps to have more information up your sleeve. If you’re searching for more resources about divorce in the Lone Star State, be sure to check out our library of articles about Texas divorce, marriage, prenups, and more.
Each state in the U.S. has its own statutes about how alimony payments are awarded from one spouse to another. If you’re getting a divorce and there’s a significant income difference between you and your spouse, it’s a good idea to familiarize yourself with the laws surrounding spousal support in Texas.
When it comes to long-term spousal support, there are two primary types in the Lone Star State. Spousal support, or contractual alimony, is a voluntary decision made by the spouses as a part of the settlement negotiations. Spousal maintenance, on the other hand, is ordered by a court.
The laws surrounding spousal maintenance are a lot stricter in Texas than in other U.S. states. Depending on your situation, therefore, it might be beneficial to consider creating a contractual agreement.
Are you wondering how exactly spousal support and maintenance works in Texas? Let’s dive in and take a look at what you need to know.
The general definition of the term spousal support in the Oxford Dictionary is “financial support that a person is ordered by a court to give their spouse following a divorce.”
In Texas, though, court-ordered spousal support is actually referred to as spousal maintenance while a voluntary agreement between the spouses in regard to payment after a divorce is known as spousal support. You might also hear spousal support referred to as alimony. While there isn’t a difference in the meaning between these two terms, there is no use of the word alimony in Texas law.
Spousal support and spousal maintenance, however, are notably distinct terms. In the next section, we’ll explore the difference between them.
You’ll often hear the terms spousal support and spousal maintenance used interchangeably. Their definitions are not actually synonymous under Texas law, though.
Spousal support refers to voluntary payments made from one spouse to another after a divorce. Commonly, these support payments are agreed to by the spouses in their divorce settlement. Enforcement of spousal support involves the same methods that one would use to enforce any other contract in Texas.
Spousal maintenance, however, isn’t decided voluntarily and is instead ordered by the court in a divorce case. It is therefore enforceable as a court order.
There are three different types of spousal support worth understanding when you are getting divorced in Texas. These are temporary spousal support, contractual alimony, and spousal maintenance.
Temporary spousal support is exactly what it sounds like– spousal support that is only paid for a finite period of time. These payments are paid during divorce proceedings and don’t continue beyond a point in time when the court believes the spouse receiving support should be able to find another way to support themselves financially.
If you think you should receive temporary spousal support, you will need to file a Motion for Temporary Orders. Just because you file this motion doesn’t mean that you will be awarded interim support. Courts will only order this type of support if they believe it is both fair and necessary.
In some cases, a divorcing couple will choose to enter into a spousal support agreement voluntarily. Under Texas law, this is referred to as spousal support, but it is also sometimes referred to as contractual alimony.
In this instance, the spouse can choose how much spousal support is paid and for how long, and is typically created as a part of the divorce settlement. If the court accepts their contract then it will be enforceable as any other Texas and be included in the Final Divorce Decree.
Spousal maintenance is not voluntary but instead is ordered by the judge. Both parties in the couple don’t need to approve in order for the court to deem it necessary and fair. If one party in the divorce believes they should receive spousal maintenance, they will need to show the court that they won’t be financially able to fulfill their reasonable basic needs.
Spousal support is often one of the most divisive issues in a divorce. In many U.S. states, alimony is a major component of the property settlement judgment or agreement. Texas is quite a bit different from other states in this regard, as most divorces don’t include court-ordered spousal maintenance awards. The reason for this is that the requirements under the Texas Family Code are very strict.
We will discuss the qualifying factors a bit later on. However, the most common way that a spouse qualifies for court-ordered spousal maintenance in Texas is because they were married for at least ten years and lack the ability to earn sufficient income to take care of their basic needs.
It’s important to understand that the amount of money it takes to cover one's basic needs under Texas law is considered to be simply above the poverty line. In regard to this specific point, the matter of the standard of living that was maintained during the marriage is irrelevant.
Judges are required to award the minimum amount of money for the shortest period of time in order for a spouse to be able to meet these minimum reasonable needs.
Later on in the marriage, we will get into some of the specific nitty-gritty details about spousal support and maintenance in Texas. However, it’s worth understanding that some of the basic factors that can impact both the amount and duration of payments include:
Other than the point regarding spousal misconduct, these points all have to do with the supporting spouse’s ability to pay and the supported spouse’s financial needs. Considering that both of these circumstances can change over time, both the amount and duration of the payments can be modified at a later date by the court. In order to modify a court order of this type, the requesting party usually has to prove that financial circumstances have changed permanently, substantially, and materially.
In order to get voluntary or contractual spousal support in a Texas divorce, you and your partner will need to agree upon the terms and include them in your divorce settlement.
Court-ordered spousal maintenance, on the other hand, is decided on a case-by-case basis. There are four primary ways that a spouse can receive a spousal maintenance award, which are:
Either spouse has the option to request maintenance when they get a divorce in Texas. That being said, courts will only award support if the spouse requesting maintenance doesn’t have enough property to cover their basic needs. On top of that, at least one of the following circumstances also needs to exist:
There are a number of factors that the court will take into account in order to determine whether a spouse lacks the earning ability to provide for their minimum reasonable needs.
Some of the factors they will consider include:
The court will also look at additional factors, such as:
If you plan to ask for spousal maintenance in a Texas divorce, you will have to demonstrate that you have searched for training, educational, and employment opportunities diligently. In cases where the Affidavit of Support is being enforced, however, the due diligence requirement doesn’t apply.
It’s worth noting that Texas laws start every maintenance case with the assumption that it wouldn’t be appropriate to award spousal maintenance. The idea is that the requesting spouse will need to demonstrate that they have done their due diligence. This means showing that they have made a good faith effort to become financially independent by acquiring the necessary education or employment. The court will only move forward with the maintenance evaluation if this is shown.
Texas law limits how much support a court can order, which is actually fairly unique compared to other U.S. states. Awards for spousal maintenance must not be more than 20% of the spouse’s average monthly gross income or $5000 per month, whichever is less.
Judges will frequently order spousal maintenance in periodic payments. This commonly results in monthly payments.
Courts will sometimes issue an order to withhold income from the supporting spouse. In these instances, the employer of the paying spouse has to deduct maintenance payments directly from their paycheck and have it forwarded to the court agency.
Unfortunately, there is no quick-and-easy formula to help you figure out how much spousal maintenance you will receive, or if you will receive it at all. There are a number of different factors that they take into account in order to determine whether or not you receive spousal maintenance and, if so, how much.
In general, though, the supporting spouse may not be required to pay more than 20% of their gross monthly income or $5000 a month, whichever is less.
Until recently, spousal support payments were usually considered taxable income to the person that is receiving these payments. For the person that is paying the support, the payments were generally considered deductible.
However, this all changed with the 2017 Tax Cuts and Jobs Act. The way that spousal maintenance was taxed was significantly impacted by this, which went into effect on January 1, 2019.
Any maintenance agreements or orders that were finalized on or after this date aren’t considered income for the receiving spouse. At the same time, the paying spouse cannot deduct the payments from their income.
As you might imagine, this creates quite a bit of confusion for both parties involved. It might be a good idea to meet with an experienced tax attorney in order to make sure that you are dealing with spousal support payments in a way that is following the current tax laws.
If you’re awarded spousal maintenance payments by the court, the court might order that income is withheld from the supporting spouse’s paycheck which will then be remitted to the supported spouse. If you need to enforce an order for spousal maintenance, there are a number of different ways to go about it:
The decision regarding the duration of maintenance awards has to follow strict guidelines under Texas law. For example, if a spouse is ordered to pay support due to a specific condition such as a mental or physical disability, the payments can only continue to be made as long as the condition continues to exist. Courts have the ability to periodically review these support orders at a later date.
For maintenance orders that aren’t ordered due to a specific compelling reason such as that listed above, Texas law limits support in the following ways:
Judges are required under Texas law to order support for the short period of time necessary in order for the requesting spouse to be able to gain financial independence. This is the case except for those that involve a mental or physical disability, a custodial parent, or another compelling situation.
There are a handful of ways that maintenance orders can end before the initial termination date. These include:
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In most cases except for a handful of exceptional circumstances, you have to be married for at least ten years to receive court-ordered spousal maintenance in Texas.
If you and your spouse create a contract as a part of the divorce settlement that outlines spousal support payments, you are free to create whatever arrangement you can agree to so long as the court finds it isn’t unfair to one spouse.
The laws about spousal support and maintenance in Texas are quite restrictive compared to other U.S. states. Even if you do qualify for court-ordered spousal maintenance, the amount of money and the length of time will likely be stringent.
However, if couples are able to negotiate a contract for spousal support, they can create their own arrangement. This arrangement isn’t bound by the requirements outlined by Texas law. If the divorcing couple isn’t able to negotiate their own private contract, the fate of their alimony issues will be determined by a judge.
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If there has been a substantial and material change of circumstances since the first spousal maintenance order was issued, the court can change the order. The paying spouse has to keep meeting the requirements of the current order until the award has been formally changed, however.
If you made a request to modify spousal maintenance, you need to keep following the existing court order until a judge hears your request. It’s a serious offense to not comply with a court order. You could find yourself with bank liens, attorney’s fees, and even spending some time in jail.
If you are receiving spousal support from a contractual agreement and need to enforce the order, you can file a formal request with the court in order to seek help in enforcing the order.
Contractual alimony, or voluntary spousal support, isn’t bound by the same strict laws and qualifications as spousal maintenance in Texas. Depending on whether you are the supported or supporting spouse, and how you feel about spousal support being exchanged after your divorce, contractual alimony might be favorable or unfavorable to you.
Contractual alimony agreements don’t have to deal with any of the same rules when it comes to amount and duration as those for spousal maintenance orders. This means that you and your spouse can custom make an agreement that hopefully fits both of your needs.
For example, divorcing couples might want to create a scenario where one spouse can stay at home to take care of children after the divorce. Or, perhaps, a spouse requesting support might want to trade the interest they have in one asset to receive higher support payments. These agreements are voluntary contracts, rather than court orders, meaning that you can come up with terms that fit your needs without being bound by the same strict laws.
One major advantage of going this route when it comes to spousal support is that it doesn’t involve the courts. The more time you spend having a court decide your fate for you, the more money you will spend on lawyer’s fees and other costs.
To learn more about what to expect when it comes to your total divorce bill, check out our article on the cost of divorce in Texas.
Choosing to create a contractual alimony agreement also means that you aren’t risking an unfavorable outcome being ordered by the court. It keeps the decision about spousal support in the hands of both you and your spouse.
On the downside, contractual alimony is only enforced by the Texas Family Code to the extent that it aligns with the statutory requirements. This means that if one spouse doesn’t make the payments they agreed to in your settlement, you don’t have the same enforcement options as you would if it was court-ordered spousal maintenance.
For instance, let’s say that your spouse signed a contractual alimony agreement that said they would pay you spousal support for twenty-five years. However, given your situation, the court wouldn’t have been legally allowed to order spousal maintenance for a longer duration than ten years.
The court wouldn’t be able to hold your ex in contempt for failing to comply with the agreement’s terms if they stopped paying in year eleven after your divorce.
This doesn’t mean that the contract is completely unenforceable past this point. What it does mean, though, is you’ll have to take a different avenue.
This type of alimony contract is enforceable by contract in Texas. If your spouse wasn’t upholding their end of the bargain, you would be able to pursue a civil claim.
The state of Texas recognizes common-law marriages as being equally valid as traditional marriages. This means that the process for dissolving a common law marriage is the same as it would be if you had gotten formally married. However, in order to be able to get divorced when you are in a common-law marriage, you have to be able to prove that the marriage existed in the first place.
You can learn more about common law divorce in Texas here.
If you’re getting divorced in Texas, you might be overwhelmed by the complexity of the legal process. Of course, on top of that, getting divorced is probably also taxing both financially and emotionally. We believe that one of the best ways to get through a divorce in one piece is to arm yourself with as much knowledge as possible, as it can help to reduce stress and allow you to create a map of how the process will unfold.
At TexasDivorceLaws.org, we are committed to offering a library of resources to the people of Texas to help outline the most important aspects of Texas Family Law. If you’re looking for more information about divorce, marriage, and prenups, be sure to check out our vast selection of Texas Family Law articles.
