Are you going through a divorce and wondering how alimony, formally known as “spousal maintenance” in Texas, could affect your future? Whether you need alimony or are being asked to pay, the court’s decision could impact your financial stability for years. Texas law sets strict limits on who qualifies, how much they can receive, and how long payments can last. Without the right legal strategy, you could end up paying too much or receiving too little.
At Mitchell Law, PLLC, we provide dependable guidance to people facing spousal maintenance cases in Houston, Texas. We can help you with your case by gathering valuable evidence, presenting strong arguments, and negotiating a fair outcome. Call us today for a free consultation to discuss your situation and take the next steps.
Who Qualifies for Spousal Maintenance in Texas?
A spouse who requests maintenance must first show they lack enough property to meet their minimum reasonable needs after divorce. If they meet this requirement, they must also prove at least one of these conditions:
- The marriage lasted at least ten years, and the requesting spouse lacks the ability to earn enough to meet basic needs.
- The requesting spouse has a physical or mental disability that prevents self-support.
- The requesting spouse cannot maintain employment because they have custody of a child of the marriage who has a disability that requires full-time care.
- The other spouse committed family violence within two years before the divorce filing or while the case was pending.
If the marriage lasted at least ten years, the law presumes maintenance is unnecessary unless the spouse can prove they tried to become self-supporting during the separation.
How Courts Determine the Amount of Spousal Maintenance
A court decides the amount and duration of spousal maintenance by considering both spouses’ financial situations. Relevant factors in these determinations include:
- Each spouse’s ability to meet their own basic needs
- The dependent spouse’s education, job history, and earning potential
- The marriage’s length
- Contributions one spouse made to the other’s career or education
- Whether either spouse wasted or hid marital assets
- Misconduct, including adultery or cruelty
- Any history of family violence
Texas law caps maintenance payments at 20 percent of the paying spouse’s average monthly income or $5,000, whichever is lower. Courts also consider whether the spouses agreed on financial support in a contract, like a prenuptial agreement. However, courts cannot enforce payment amounts that exceed Texas law’s restrictions.
How Long Spousal Support Lasts in Texas
Texas law limits how long a spouse can receive maintenance, depending on how long the marriage lasted:
- Five years for marriages of ten to 20 years or if family violence occurred
- Seven years for marriages of 20 to 30 years
- Ten years for marriages lasting 30 years or more
Courts must limit maintenance to the shortest time necessary for the dependent spouse to become self-supporting. Judges can extend maintenance only if a spouse cannot work due to a disability, a child’s disability, or another major obstacle.
Spousal maintenance ends automatically if the receiving spouse remarries or begins living with a romantic partner on a continuing basis. It also ends if either spouse dies. A court can modify or terminate maintenance if the paying spouse proves a major change in circumstances.
Enforcing Spousal Maintenance Orders
A spouse who wants to modify a spousal maintenance order must prove that a substantial and material change in circumstances has occurred since the court issued the original order. Acceptable reasons for modification include a job loss, a serious illness, or a significant increase in the receiving spouse’s income. The spouse requesting the change must show that the new circumstances affect the proper amount or duration of maintenance under Texas law.
Courts cannot increase the amount or extend the duration of maintenance beyond what the original order allowed. A spouse may only request a decrease or termination of payments. Also, Texas law does not allow spouses to request spousal maintenance for the first time after the divorce is final, even if they later develop disabilities or lose their income. Any modifications apply only to future payments, not past-due amounts.
Modifying a Spousal Maintenance Order
If a paying spouse fails to pay court-ordered spousal maintenance, the receiving spouse can ask the court to enforce the order. The court may issue an income withholding order requiring the paying spouse’s employer to deduct maintenance payments from their paycheck. If the original order did not include income withholding, the receiving spouse may return to court and request it.
A spouse who refuses to pay maintenance can face contempt of court charges, which could lead to fines or even jail time. The paying spouse can defend against these charges by proving they lacked the ability to pay, attempted to borrow money unsuccessfully, and had no other way to raise the necessary funds. However, courts cannot enforce payments that exceed the legal limits set by Texas law.
Tax Implications of Alimony Payments
The tax treatment of spousal maintenance (alimony) depends on when the divorce or separation agreement was executed:
- For Agreements Executed Before 2019: The paying spouse can deduct alimony or separate maintenance payments from their taxable income. The receiving spouse must report the payments as taxable income on their federal tax return.
- For Agreements Executed After 2018: The paying spouse cannot deduct alimony payments, and the receiving spouse does not need to report them as taxable income.
- For Agreements Modified After 2018: If a pre-2019 agreement was modified and the modification explicitly states that the repeal of the alimony deduction applies, then the new tax rules apply. Otherwise, the pre-2019 tax treatment remains in place.
Get Legal Help With Spousal Maintenance
If you have questions about spousal maintenance in Texas, Mitchell Law, PLLC can help. Contact us today to arrange your free initial consultation. Let’s discuss your case and find a path forward that protects your financial future.