If you plan on receiving spousal maintenance, you may see it as absolutely crucial to your finances after divorce. If you’re expecting to pay spousal maintenance, you may see it as unfair.
Either way, if you are beginning the divorce process, you should know the basics of spousal maintenance under Texas law.
What is it?
Also known as alimony, spousal maintenance consists of a payment or payments from one spouse to the other to help a lesser-earning spouse maintain something close to the standard of living they enjoyed during the marriage.
When does it apply?
Most divorces are settled by the parties out of court. In these cases, the spouses may decide to make spousal maintenance part of their settlement.
When courts decide a divorce case, they consider all relevant factors to determine whether spousal maintenance is necessary. These factors may include the duration of the marriage, the age and health of each spouse, the financial resources each spouse will have after property division, the employment history and education of each spouse, the amount of time the lower-earning spouse will need to receive education or training to become financially independent, and more.
Spousal maintenance is particularly common in cases involving a long marriage in which one spouse earned a comfortable income while the other gave up pursuing a career in order to take care of the home and children. The basic idea here is that the high-earning spouse can continue to earn their income, but the lower-earning spouse may need to start their career from scratch. The maintenance can provide them with income while they work to become financially independent.
How long does the order last?
Texas law puts limits on the duration of spousal maintenance orders in most cases, depending on how long the spouses were married:
- Between 10 and 20 years: The award of maintenance may not last more than five years.
- Between 20 and 30 years: No more than seven years.
- Thirty years or more: No more than 10 years.
There are some exceptions to these limits in cases involving a disabled spouse or a spouse who must take care of a disabled child.
How much is it?
Generally, the parties can negotiate payment amounts in their settlement. However, if a court decides the matter, spousal maintenance amounts are generally limited to no more than $5,000 per month or 20% of the obligor’s gross monthly income, whichever is the lesser amount.