The Lone Star State has one of the narrowest spousal support laws in the country. Typically, to qualify for alimony in Texas, the marriage must have lasted at least ten years and the obligee (person requesting support) must be unable to earn enough to meet basic needs.
Other qualifications, which do not come up very frequently, include the obligee’s incapacitating disability, a family violence conviction within the last two years, and custody of a minor disabled child who requires constant care.
Additionally, in all these cases, there is a presumption that the judge must award the absolute minimum amount of alimony needed to meet basic needs. Usually, this phrase means living above the poverty line, although the standard of living during the marriage could have an effect.
Because Texas’ alimony laws are so subjective, both obligees and obligors (people paying support) need assertive legal representation. Unless you have an experienced Dallas spousal support attorney in your corner, there is a good chance the alimony award will not accurately reflect the obligee’s needs or the obligor’s ability to pay.
Setting Alimony in Texas
In addition to the aforementioned minimum necessary presumption, Dallas County judges set the amount and duration of payments according to several factors, including:
- Length of the marriage
- Financial resources, including separate property, available to each spouse
- Dissipation (waste) of marital assets
- Fault in the breakup of the marriage (most states don’t include this factor)
- Non-economic contributions to the marriage
- Relative earning capacity of each spouse
Some caps apply to the duration of payments. Usually, payments may last a maximum of five (family violence conviction or a ten-year marriage), seven (twenty to thirty-year marriage), or ten (longer marriages) years.
Premarital agreements usually factor into these determinations as well. Usually, Texas judges uphold these pacts, which often include spousal support limits.
Modifying Spousal Support in Texas
Usually, modifying a spousal support order is a two-step process. First, the party requesting the modification must prove that relevant financial or emotional circumstances have materially and substantially changed. These financial circumstances usually involve the obligor’s decreased income and/or the obligee’s increased income.
Additionally, such financial changes must be unanticipated, good-faith changes. The obligor’s requirement does not automatically trigger a reduction, since retirement is an unanticipated event. Furthermore, obligees cannot quit their jobs to increase the obligor’s alimony obligation, and vice versa.
Emotional circumstances usually mean the obligee’s remarriage. Normally, remarriage terminates alimony obligations as a matter of law. Long-term cohabitation and a committed romantic relationship might also fit the bill.
If a modification is appropriate, the judge re-applies the aforementioned factors to the ex-spouses’ financial situation and reassesses the necessary amount of alimony. In Texas, spousal support may only be reduced in a modification, and not increased.
Frequently Asked Questions About Alimony In Texas
What is alimony in Texas?
In Texas, alimony is referred to as spousal maintenance. It is financial support provided to a spouse during or after a divorce to help them maintain a similar standard of living as during the marriage2.
What types of spousal maintenance are available in Texas?
There are two main types of spousal maintenance in Texas:
- Court-Ordered Spousal Maintenance: This is ordered by the court and is similar to what people typically think of as alimony.
- Contractual Alimony: This is an agreement between the spouses and can be more flexible in terms of amount and duration.
Who qualifies for spousal maintenance in Texas?
To qualify for spousal maintenance, the requesting spouse must prove that they lack sufficient property to provide for their minimum reasonable needs and meet at least one of the following criteria:
- The marriage lasted at least 10 years.
- The requesting spouse cannot earn enough income due to a physical or mental disability.
- The requesting spouse is the custodian of a child with a disability that requires substantial care and prevents them from earning enough income.
- The other spouse was convicted of family violence against the requesting spouse or their child.
How much spousal maintenance can be awarded in Texas?
The maximum amount of court-ordered spousal maintenance is the lesser of $5,000 per month or 20% of the paying spouse’s average monthly gross income. Contractual alimony can be negotiated between the spouses and is not subject to these limits3.
How long does spousal maintenance last in Texas?
The duration of spousal maintenance depends on the length of the marriage:
- For marriages lasting 10-20 years, maintenance can last up to 5 years.
- For marriages lasting 20-30 years, maintenance can last up to 7 years.
- For marriages lasting 30 years or more, maintenance can last up to 10 years.
Can spousal maintenance be modified or terminated in Texas?
Court-ordered spousal maintenance can be modified or terminated if there is a significant change in circumstances, such as the recipient spouse getting remarried or a substantial increase in income1. Contractual alimony can only be modified if both parties agree to the changes.
Is spousal maintenance taxable or tax-deductible?
Under current federal tax laws, spousal maintenance payments are not taxable to the recipient and are not tax-deductible for the payer.
What if the paying spouse fails to make spousal maintenance payments?
If the paying spouse fails to make spousal maintenance payments, the recipient can file a motion with the court to enforce the order. The court may take various actions, such as wage garnishment or contempt of court charges.
Can I get spousal maintenance if we were never married?
No, spousal maintenance is only available to legally married couples. However, you may be able to seek financial support through other legal means, such as child support or a palimony agreement.
What if we have a prenuptial agreement that addresses spousal maintenance?
If you have a valid prenuptial agreement that addresses spousal maintenance, the court will generally follow the terms of the agreement, as long as it is fair and enforceable
Contact Our Dedicated Dallas Alimony Attorney
Texas’ alimony laws are rather narrow and quite complex. For a confidential and initial free consultation with an experienced alimony lawyer in Dallas, contact Orsinger, Nelson, Downing & Anderson, LLP. Our firm has more Super Lawyers than any other organization in the Lone Star State. Call today at (214) 273-2400.
(Updated 1/29/2025)