What is Spousal Support in Texas and How is it Determined?

Spousal support, often referred to as alimony, is commonly known as a financial obligation that one spouse may be required to pay to the other following a divorce. Surprisingly, a divorce lawyer in Texas will tell you that we have no court-ordered post-divorce “Spousal Support” nor alimony in Texas law, although those terms are often used erroneously or interchangeably with the term “maintenance” which is similar. Alimony may be permitted in Texas only by contractual agreement between the parties. Even the term “temporary spousal support” is not explicitly defined by Texas statute. However, Texas law allows temporary support of either spouse during the pendency of divorce proceedings by means of a temporary order which will end when the final decree is entered. Generally the justification for temporary spousal support is to protect the safety and welfare of the parties, to maintain the status quo, and to protect marital assets from loss, such as to ensure that the mortgage and car payments are paid while divorce is pending. 

In Texas, any post-divorce support for a former spouse is known as “maintenance,” rather than spousal support or alimony. Spousal maintenance may be awarded in limited cases as part of the final divorce order, but is never awarded nor increased after divorce is final. The purpose of maintenance is to provide financial assistance to a former spouse who lacks sufficient property or income to meet their reasonable needs. The emphasis is on “need” not on maintaining the lifestyle to which the spouse is accustomed. Texas courts are generally conservative when awarding either spousal support or maintenance, emphasizing self-sufficiency and a clean financial break between ex-spouses. Maintenance may be granted for a limited period, if the requesting party qualifies, in order to provide support while they engage in further education or job training.  Maintenance is not automatically granted; it must be requested and justified with competent proof. Whether maintenance is granted at all is completely in the judge’s discretion. Further, it is never calculated as a percentage of the paying spouse’s income. Even after the reasonable needs are determined, it cannot exceed $5,000 per month or 20% of the paying spouse’s average gross income, whichever is less.

Maintenance is typically limited in duration and amount, with strict eligibility standards. The statute provides that to be eligible certain requirements must be met such as the requesting spouse must demonstrate that they are unable to support themselves due to a disability, or custodial responsibilities for a disabled child, or a marriage that lasted 10 years or longer with an inability to earn sufficient income. Spouses who have been victims of family violence within two years before the divorce may also qualify. 

In Texas, maintenance of a former spouse is usually limited in duration, often even more limited by the judge than the limits imposed by statute. The length of time that the parties were married often limits the number of years for which maintenance may be ordered. The only maintenance that lasts a lifetime is that which was granted because of a disability or custodial responsibilities for a disabled child, and merely having been judged “disabled” by a government agency is not sufficient proof in itself. The divorce judge must find both that the disability prevents the person from meeting reasonable needs and must determine the dollar amount that would be needed to meet that need.

Factors Considered by the Court When Determining Spousal Support

The court’s decision on granting spousal maintenance is affected by various elements. Key considerations are how long the marriage lasted, the financial standing of both parties, and the education and job skills of the spouse asking for support. The court also evaluates the age, work background, earning potential, and physical and emotional state of the spouse in need of maintenance. The aim is to balance fairness with the promotion of financial independence.

Judges may also consider factors such as property division, contributions to the marriage (including homemaking), marital misconduct, and whether one spouse contributed to the other’s education or career. The court’s goal is not to punish, but to address financial disparities in a way that respects each spouse’s post-divorce future. Generally, if the court determines that the requesting spouse will have enough to meet minimum reasonable needs by use of that spouse’s separate property or the division of community property, then maintenance will not be granted.

How Does Remarriage Affect Spousal Support Obligations in Texas?

Remarriage can significantly impact spousal maintenance obligations in Texas. If the recipient of spousal maintenance remarries, the obligation for the paying spouse to continue making payments typically ends. This is because the new marriage is presumed to provide financial support to the recipient spouse. However, if the paying spouse remarries, their obligation to pay the maintenance generally remains unchanged. The law assumes that the new marriage does not affect the paying spouse’s ability to fulfill their existing obligations. 

If the obligation to pay is not ordered to end upon remarriage of the recipient, it may be because the payments were not maintenance at all, but instead a division of community property over time. While community property cannot be created after divorce, it may be that the asset was earned during the marriage, but not received until after divorce, or it may be that delayed payments are as a result of some non-liquid asset division. One example of an asset earned but not received until later would be the division of retirement funds that are not received until after the marriage has ended. A non-liquid asset division might be an order to pay the other spouse a portion of the equity in a house.

Legal Options for Modifying Spousal Support After Remarriage

If circumstances change due to remarriage, either party’s attorney can seek a modification of the spousal maintenance order. The paying spouse can file a motion to terminate support if the recipient remarries. If the maintenance was ordered due to a disability or care for a disabled child and that situation has changed, the paying spouse may request that the obligation end. On the other hand, if the paying spouse’s financial situation changes significantly due to remarriage, they may seek a modification to reduce or eliminate the obligation amount. Maintenance can be reduced or terminated after divorce, but never begun nor increased after divorce. Consulting with a legal professional can help navigate these changes and ensure compliance with Texas law.

Does Cohabitation Affect Spousal Support Obligations in Texas?

Cohabitation, or living with a romantic partner without being married, can also affect maintenance obligations in Texas. If the recipient of maintenance begins cohabiting with another person in a romantic relationship, the paying spouse may have grounds to request a modification or termination of support. The rationale is that cohabitation may reduce the recipient’s financial need, as living expenses are often shared between partners.

Proving Cohabitation to Modify Spousal Support

To modify spousal maintenance based on cohabitation, the paying spouse must provide evidence that the recipient is living with someone in a romantic relationship. This can include proof of shared expenses, joint leases, or other documentation demonstrating a shared household. The court will evaluate whether the cohabitation significantly reduces the recipient’s financial needs. Legal guidance can be invaluable in gathering and presenting this evidence effectively.

What are the Legal Options for Enforcing Spousal Support in Texas?

If an ex-spouse fails to meet their temporary spousal support or post-divorce spousal maintenance obligations, Texas law provides several enforcement mechanisms. Your attorney can work with the court to order wage garnishment, where support payments are automatically deducted from the paying spouse’s paycheck. Additionally, the court can hold the non-compliant spouse in contempt, which may result in fines or even jail time. These measures ensure that spousal support obligations are taken seriously and enforced effectively.

Steps to Take if Your Ex-Spouse Fails to Pay Spousal Support

If your ex-spouse fails to pay spousal support or maintenance, act promptly. Work with your attorney to document all missed payments and any communication regarding the issue. Your attorney can file a motion for enforcement with the court, requesting that they take action to collect the owed support. If you’re facing challenges with support payments, seeking legal assistance can help protect your rights.

Can an Attorney Help with Modifying Spousal Support Obligations in Texas?

Navigating the complexities of modifying spousal support or modifying maintenance can be daunting. An experienced attorney can provide valuable assistance in understanding your rights and obligations under Texas law. They can help assess whether a change in circumstances justifies a modification of support and guide you through the legal process. With their knowledge, you can ensure that your case is presented effectively to the court.

How an Attorney Can Navigate the Legal Process for Modifying Spousal Support

An attorney can assist in gathering necessary evidence, filing motions, and representing you in court. They can also help negotiate with the other party or in mediation to reach an amicable resolution. Once the maintenance or modification is ordered, the attorney will be responsible to prepare an order that accurately describes the substance of the order. Legal professionals understand the nuances of Texas family law and can provide strategic advice tailored to your situation. If you’re facing changes in your spousal support or maintenance obligations, call South TX Family Law today at 210-775-0353 to schedule a consultation.