Top 10 Things to Know About Texas Alimony Payments

1. What is “Alimony?”

In Texas, there is a difference between Spousal Maintenance and Spousal Support, sometimes referred to as Contractual Alimony.  Spousal Maintenance is authorized by the Texas Family Code and may be ordered by the Court. Spousal Support, or “Contractual Alimony,” is a contractual obligation that would not be ordered by the Court.

2. How Do I Get Spousal Maintenance?

A court may order maintenance for either spouse only if the spouse seeking maintenance will lack sufficient property, including the spouse’s separate property, on divorce to provide for the spouse’s minimum reasonable needs and:

(1)  the spouse from whom maintenance is requested was convicted of or received deferred adjudication for a criminal offense that also constitutes an act of family violence, as defined by Section 71.004, committed during the marriage against the other spouse or the other spouse’s child and the offense occurred:

(A)  within two years before the date on which a suit for dissolution of the marriage is filed; or

(B)  while the suit is pending; or

(2)  the spouse seeking maintenance:

(A)  is unable to earn sufficient income to provide for the spouse’s minimum reasonable needs because of an incapacitating physical or mental disability;

(B)  has been married to the other spouse for 10 years or longer and lacks the ability to earn sufficient income to provide for the spouse’s minimum reasonable needs; or

(C)   is the custodian of a child of the marriage of any age who requires substantial care and personal supervision because of a physical or mental disability that prevents the spouse from earning sufficient income to provide for the spouse’s minimum reasonable needs.

TFC 8.051

4. If The Court Orders Spousal Maintenance, How Much Can I Get?

The amount of spousal maintenance awarded is very case-specific. Generally, a court may not order maintenance that requires an obligor spouse to pay more than the lesser of $5,000.00 or 20% of the obligor spouse’s monthly gross income.

TFC 8.055

5. How Long Does Spousal Maintenance Last?

The length of time Spousal Maintenance may last varies on the number of years married or other circumstances.

• For a marriage that lasts at least 10 years but less than 20 years, the maximum length of the award may be five years.
• For a marriage that lasts at least 20 years but less than 30 years, the maximum length of the award may be seven years.
• For a marriage that lasts 30 years or more, the maximum length of the award may be ten years.

If a spouse is awarded spousal maintenance due to family violence within two years of filing the divorce or while the divorce was pending, the maximum length of the award may be five years.

If the spouse seeking maintenance is unable to earn sufficient income to provide for their reasonable minimum needs is diminished due to a physical or mental disability of the spouse seeking maintenance, duties of the custodian of an infant or young child of the marriage, or another compelling impediment to earning sufficient income, the court may consider a longer period of time for the maintenance to continue.

TFC 8.054

6. Are There Other Reasons My Spousal Maintenace May End?

Spousal Maintenance may terminate due to the following reasons:

1. Death of either party;

2. Remarriage of the spouse receiving Spousal Maintenance; or

3. Court found that the receiving spouse is cohabitating with another person whom the receiving spouse has a dating or romantic relationship with.

TFC 8.056.

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