Spousal support (alimony or spousal maintenance) is a payment made during or after the divorce from one spouse to the other. Under Texas Family Code Sec. 8.001, spousal support will be awarded when certain criteria are met.
At Orsinger, Nelson, Downing, and Anderson, LLP, we want to make sure you have the information you need to protect your financial interests. Here, our Dallas spousal support lawyers provide an overview of the guidelines for alimony in Texas.
The Partner Seeking Alimony has the Burden of Proving an Award is Appropriate
In Texas, any party to a divorce has the right to request spousal support. However, a Texas court can only award alimony when certain eligibility factors are satisfied. In fact, alimony tends to be somewhat disfavored in Texas.
Our state is unique in that there is a “rebuttable presumption” that alimony is “not warranted” unless the spouse requesting support can prove that they have made a good faith effort to become self-sufficient.
Duration of Alimony in Texas
When granted, the duration of alimony will depend, largely, on the length of the marriage. State law requires Texas courts to follow strict guidelines when determining the duration of alimony payments. With some minor exceptions, spousal support awards are limited at:
- Five Years: Marriage less than 10 years, with a domestic violence conviction.
- Five Years: Marriage between 10 years and 20 years.
- Seven Years: Marriage between 20 years and 30 years.
- Ten Years: Marriage longer than 30 years.
For most marriages that lasted less than 10 years, alimony is presumed to be inappropriate. For these types of “short-term marriages”, the Texas guidelines typically only allow judges to award spousal maintenance if there was a history of abuse.
Calculating an Alimony Award
Texas has a preset formula in place for determining how much spousal support should be awarded in any given divorce case. Once again, Texas courts have somewhat limited discretion in deciding how much spousal maintenance is appropriate.
The general rule is that the paying spouse should pay no more than the lesser of the following two amounts:
- 20 percent of their average monthly net income
- $5,000 per month
In other words, spousal support in Texas is capped at $5,000 per month—regardless of how much money the financially advantaged spouse earns on a monthly basis. Of course, $5,000 is certainly not required.
A person can be obligated to pay no more than 20 percent of their average net monthly income in alimony under the Texas state family law guidelines.
Frequently Asked Questions About Spousal Support In Texas
What is spousal support in Texas?
Spousal support in Texas, also known as spousal maintenance, is financial support paid by one spouse to the other after a divorce. It is intended to help the receiving spouse maintain a similar standard of living to what they had during the marriage.
How is spousal support determined in Texas?
The court considers several factors, including the duration of the marriage, the financial resources of each spouse, the age and health of the spouses, the earning capacity of the spouse seeking support, and any history of family violence or marital misconduct.
Is spousal support automatic in Texas?
No, spousal support is not automatic in Texas. The court must determine that the spouse seeking support lacks sufficient property to provide for their minimum reasonable needs and that they are unable to support themselves through employment.
What are the types of spousal support in Texas?
There are two types of spousal support in Texas:
- Temporary Spousal Support: This is awarded during the divorce proceedings and is intended to provide financial support until the divorce is finalized.
- Permanent Spousal Support: This is awarded after the divorce and can be for a limited duration or indefinitely, depending on the circumstances.
How long does spousal support last in Texas?
The duration of spousal support depends on the length of the marriage and other factors. Generally, the maximum duration is:
- 5 years for marriages lasting between 10 and 20 years.
- 7 years for marriages lasting between 20 and 30 years.
- 10 years for marriages lasting 30 years or more.
Can spousal support be modified or terminated in Texas?
Yes, spousal support can be modified or terminated if there is a significant change in circumstances, such as the remarriage of the receiving spouse, a change in income, or the death of either spouse.
Is spousal support taxable?
Yes, spousal support payments are taxable to the recipient and tax-deductible for the payer under federal tax laws.
Can spousal support be agreed upon outside of court?
Yes, spouses can agree on spousal support terms through a contractual agreement, known as contractual alimony, which is separate from court-ordered spousal maintenance.
What if the paying spouse refuses to pay spousal support?
If the paying spouse refuses to pay spousal support, the receiving spouse can file a motion for enforcement with the court. The court can take legal action to enforce the support order, including wage garnishment or contempt of court.
Are there any resources available for understanding spousal support in Texas?
Yes, there are resources such as family law attorneys, mediation services, and legal aid organizations that can provide guidance and support throughout the spousal support process.
Get Help From Our Spousal Support Attorneys in Dallas
At Orsinger, Nelson, Downing, and Anderson, LLP, our Dallas spousal support lawyers are skilled, results-driven advocates for clients. If you have any questions about the Texas alimony guidelines, we are here to help.
For a confidential initial consultation, please contact our law firm now. With the main office in Dallas, we provide family law services in North Texas and beyond.
(Updated 1/31/2025)