What Is Spousal Maintenance?

One of the most misunderstood aspects of a Texas divorce is spousal maintenance. Many people assume that one spouse automatically receives ongoing financial support after a divorce, particularly if the marriage lasted for many years. In reality, Texas law makes spousal maintenance available only in limited circumstances.

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Texas has some of the most restrictive spousal maintenance laws in the country. Unlike some states where long-term or permanent alimony is common, Texas courts may award spousal maintenance only when the requirements of the Texas Family Code have been satisfied. Even then, the amount and duration of maintenance are limited by statute.

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Spousal Maintenance Is Different From Contractual Alimony

Many people use the terms "alimony" and "spousal maintenance" interchangeably, but they are not always the same thing.

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Spousal maintenance is financial support ordered by the court under Chapter 8 of the Texas Family Code. The court has authority to order maintenance only when the statutory requirements have been met.

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Contractual alimony, on the other hand, is created by agreement between the parties. During settlement negotiations, spouses may voluntarily agree that one spouse will make support payments for a certain period of time, even if a court could not have ordered those payments under Chapter 8. Because contractual alimony arises from the parties' agreement rather than a judicial finding, it is governed by the terms of the settlement agreement and divorce decree.

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Understanding the distinction is important because the rules governing enforcement, modification, and termination may differ.

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Who Qualifies for Spousal Maintenance?

The starting point under Texas law is that each spouse is expected to become financially independent after the divorce whenever possible.

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Under Tex. Fam. Code § 8.051, a spouse requesting maintenance must generally prove that he or she lacks sufficient property following the divorce to provide for minimum reasonable needs. Meeting that threshold alone is not enough. The spouse must also satisfy one of the specific statutory grounds authorizing maintenance.

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One common basis is a marriage lasting at least ten years during which the requesting spouse cannot earn sufficient income to meet minimum reasonable needs despite diligent efforts to become self-supporting.

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Maintenance may also be available when the requesting spouse has an incapacitating physical or mental disability that substantially limits earning capacity.

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Another basis exists when the spouses have a child of the marriage who requires substantial care and personal supervision because of a physical or mental disability, making it difficult or impossible for the requesting spouse to maintain sufficient employment.

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Finally, maintenance may be awarded when the other spouse has been convicted of, or received deferred adjudication for, certain acts of family violence committed against the requesting spouse or the parties' child within the time period established by the statute.

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The Court Does Not Automatically Award Maintenance After a Long Marriage

Many people believe that reaching the ten-year mark automatically entitles one spouse to maintenance.

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That is incorrect.

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A marriage lasting ten years satisfies only one part of the statutory analysis. The requesting spouse must still demonstrate an inability to provide for minimum reasonable needs despite exercising diligence in earning sufficient income or acquiring the skills necessary to become self-supporting.

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The court evaluates each case individually. A spouse who has substantial assets, significant earning capacity, or the ability to quickly obtain employment may not qualify for maintenance even after a lengthy marriage.

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How Much Spousal Maintenance Can Be Awarded?

Texas law limits the amount of court-ordered maintenance.

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Under Tex. Fam. Code § 8.055, monthly maintenance generally may not exceed the lesser of $5,000 per month or 20 percent of the paying spouse's average monthly gross income.

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The court determines an appropriate amount after considering the evidence presented in the case. The statutory maximum is not automatically awarded simply because a spouse qualifies for maintenance.

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How Long Does Spousal Maintenance Last?

Texas law also limits the duration of maintenance.

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The court is required to order maintenance for the shortest reasonable period that allows the receiving spouse to earn sufficient income to provide for minimum reasonable needs unless a disability or another statutory exception justifies a longer award.

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The maximum duration depends upon the statutory basis for maintenance and, in many cases, the length of the marriage. Although longer marriages may qualify for longer periods of maintenance, Texas courts generally expect maintenance to be temporary whenever possible.

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What Factors Does the Court Consider?

If a spouse qualifies for maintenance, the court must determine what amount, if any, is appropriate.

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Under Tex. Fam. Code § 8.052, the court considers numerous factors, including the financial resources of each spouse, education and employment skills, the time necessary to obtain education or training, the duration of the marriage, the age and health of the parties, each spouse's ability to meet personal needs while paying maintenance, contributions as a homemaker, marital misconduct where appropriate, and any history of family violence.

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No single factor controls the outcome. Instead, the court considers the totality of the circumstances presented by the evidence.

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Can Spousal Maintenance Be Modified?

In some circumstances, yes.

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A maintenance order may be modified if there has been a material and substantial change in circumstances since the original order was entered. However, a court may not increase maintenance above the statutory limits established by the Texas Family Code.

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Whether modification is appropriate depends upon the specific facts of each case.

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When Does Spousal Maintenance End?

Unless otherwise ordered, court-ordered spousal maintenance generally terminates upon the death of either party or the remarriage of the receiving spouse.

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Maintenance may also terminate if the receiving spouse is found to be cohabiting with another person in a dating or romantic relationship in a permanent place of abode, as provided by the Texas Family Code.

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Because the termination rules can be highly fact-specific, questions regarding remarriage or cohabitation should be evaluated carefully before payments are stopped.

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Spousal Maintenance Is Not Awarded in Every Divorce

Contrary to popular belief, most Texas divorces do not result in an award of court-ordered spousal maintenance.

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Many spouses do not satisfy the statutory eligibility requirements. Others negotiate contractual alimony as part of an overall settlement. In still other cases, the division of community property provides sufficient financial resources so that maintenance is unnecessary.

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Every case depends upon the unique financial circumstances of the parties and the evidence presented to the court.

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Fergus & Tomanka Advises Clients on Spousal Maintenance

Whether you are seeking spousal maintenance or defending against a request for maintenance, understanding Chapter 8 of the Texas Family Code is essential. Eligibility depends upon specific statutory requirements, and the outcome often turns on detailed financial evidence regarding income, expenses, earning capacity, and the division of marital property.

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At Fergus & Tomanka, we represent clients throughout Central Texas in divorce cases involving spousal maintenance, contractual alimony, complex property division, business ownership, retirement benefits, and high-value marital estates. We help clients understand their rights, evaluate the evidence, and develop strategies tailored to their individual circumstances.