Dallas Spousal Maintenance Attorneys

How Do You Obtain Spousal Maintenance in Texas?

To obtain spousal maintenance in Texas, one of the following circumstances must be applicable to the case:

• The recipient cannot financially support themselves due to an incapacitating mental or physical condition;
• The recipient cannot financially support themselves and the marriage lasted for ten or more years;
• The prospective payor was convicted of family violence against their spouse or children while the divorce was pending or within two years of filing; or
• The recipient is the custodial parent of a child who requires additional assistance due to special needs, such as a medical condition.

Most spousal support cases fall under the first two categories, in which the recipient requests maintenance because they cannot feasibly provide for their own basic needs post-divorce.

Does the Length of the Marriage Affect Spousal Maintenance?

If a couple is married for more than ten years but less than 20, spousal maintenance cannot last longer than five years. That number increases to seven years if the spouses were married for at least 20 but less than 30 years, and up to ten years if they were married for 30 years or more.

Are There Laws Specific to Texas When it Comes to Awarding Spousal Maintenance?

Texas has more restrictive spousal maintenance laws than many other states. Spousal maintenance payments are calculated on a case-by-case basis but cannot exceed $5,000 per month or 20% of the payor's gross monthly income, whichever is less. Additionally, a judge must order the shortest possible duration of spousal maintenance unless a special condition (such as a recipient being incapacitated) makes that unfeasible. This aspect ensures fairness to both parties and encourages recipients to become self-sufficient as soon as practicable.

When Is Spousal Maintenance Awarded in Texas?

Texas family law has specific guidelines regarding eligibility for spousal maintenance. Under the Texas Family Code, spousal maintenance may be awarded in cases such as:

• Long-term Marriage: If the marriage lasted 10 years or more, the court may consider awarding maintenance if one spouse lacks sufficient property to meet their minimum reasonable needs.
• Disability: If the requesting spouse has a mental or physical disability that prevents them from becoming financially self-sufficient, spousal maintenance may be warranted.
• Domestic Abuse: If the other spouse was convicted of or received deferred adjudication for family violence against the requesting spouse or their child within two years before filing for divorce, spousal maintenance is more likely to be awarded.
• Child Care Needs: When one spouse is responsible for a child with disabilities, the court may also grant spousal maintenance to support the primary caregiver.

Our team at DebnamRust, P.C. can help assess your unique situation and determine your eligibility for spousal maintenance, ensuring you are equipped with the information and guidance to pursue a fair outcome. 

Types of Spousal Maintenance in Texas

Spousal maintenance in Texas can take several forms, each designed to meet specific financial needs and circumstances:

• Temporary Spousal Maintenance: Ordered during the divorce proceedings, temporary maintenance is intended to provide short-term support until the final divorce decree is issued.
• Contractual Alimony: Sometimes, spouses agree to provide support through contractual alimony, where the payer agrees to make payments outside the court’s direct enforcement. This arrangement is usually part of a negotiated divorce settlement.
• Court-Ordered Maintenance: When the court finds a basis for awarding maintenance under Texas law, it may order one spouse to pay support, setting terms, amounts, and durations based on the case's unique factors.

Understanding these various types of spousal maintenance is vital, as they can have different legal implications and financial impacts. Seeking professional advice can ensure that you select the best option tailored to your specific needs and future financial goals.

It is important to remember that each case is unique, and consulting with a knowledgeable attorney is crucial to understanding the nuances involved in your circumstances.