How Long Do You Pay Spousal Support After a Divorce in Texas?

When a marriage ends in divorce, one of the most common concerns is spousal support, also known as maintenance or spousal support. If you’re going through a divorce in Texas, you may be wondering how long you’ll be required to pay spousal support or how long you can expect to receive it. The answer depends on a variety of factors unique to your case.

In this post, we’ll break down the key legal principles that determine spousal support duration in Texas divorces. We’ll explain the different types of spousal support available, the factors courts consider when setting the length of payments, and the circumstances that can justify longer or indefinite support orders.

Types of Spousal Support in Texas

First, it’s important to understand that there are two main types of spousal support in Texas:

1. Court-ordered maintenance: This is spousal support that is ordered by a judge as part of the final divorce decree. It is governed by Chapter 8 of the Texas Family Code, which sets out specific eligibility requirements and limits on the amount and duration of payments.
2. Contractual spousal support: This is spousal support that is agreed to by the divorcing spouses as part of their property settlement. The payment terms, including the length of the obligation, can be negotiated between the parties and are typically included in the divorce decree as a binding contract.

Court-ordered maintenance is the most common type of spousal support in Texas divorces. The eligibility criteria and duration limits discussed below apply to court-ordered maintenance. Contractual spousal support offers more flexibility to tailor payments to the unique needs of the parties.

Eligibility for Court-Ordered Maintenance in Texas

Not every divorcing spouse in Texas is eligible to receive court-ordered spousal support. To qualify, the spouse seeking support must lack sufficient property to provide for their “minimum reasonable needs” and meet one of the following conditions:

• The paying spouse was convicted of family violence within two years of the divorce filing or during the divorce proceedings;
• The marriage lasted 10 years or more, and the receiving spouse lacks the earning ability to meet their minimum reasonable needs;
• The receiving spouse has an incapacitating physical or mental disability that prevents them from earning sufficient income; or
• The receiving spouse is the primary caretaker of a child of the marriage who requires substantial care due to a physical or mental disability.

If the court finds that the statutory requirements are satisfied, it may order maintenance payments for a limited period of time.

Presumptive Limits on Spousal Support Duration in Texas

Section 8.054 of the Texas Family Code sets out presumptive limits on the duration of court-ordered maintenance based on the length of the marriage:

• For marriages lasting less than 10 years, spousal support is generally not available unless there was family violence.
• For marriages of at least 10 years but less than 20 years, support payments are limited to a maximum of 5 years.
• For marriages of at least 20 years but less than 30 years, support payments are limited to a maximum of 7 years.
• For marriages of 30 years or more, support payments are limited to a maximum of 10 years.

These are the default rules that apply in most cases. However, the court has the discretion to order maintenance for a shorter or longer period if the specific circumstances justify a deviation from the statutory guidelines.

Factors That Can Justify Longer Spousal Support Payments

In some situations, the court may find that the presumptive duration limits are insufficient to allow the receiving spouse to meet their minimum reasonable needs. The judge can order longer or even indefinite maintenance payments if the receiving spouse or a child of the marriage has an incapacitating physical or mental disability.

The court may also consider other factors in determining the appropriate length of spousal support, including:

• The financial resources of each spouse, including their earning potential and separate property
• The education and employment skills of each spouse
• The duration of the marriage
• The age and health of each spouse
• The contribution of a spouse as a homemaker
• Whether either spouse wastefully dissipated community assets
• The conduct of either spouse, such as cruel treatment or adultery

These factors can support an extension of spousal support beyond the presumptive limits, especially in cases involving a significant disparity in earning capacity or a documented history of domestic violence.

Terminating Events for Spousal Maintenance in Texas

Even if the court orders maintenance for a set period of time, certain events can trigger an early termination of the support obligation under Texas law. These include:

• The death of either party
• The remarriage of the receiving spouse
• The receiving spouse cohabitates with a romantic partner

If any of these events occur, the paying spouse can petition the court to terminate the spousal support order. The obligation ends automatically upon the death of either spouse.

Negotiating Spousal Support Duration in a Divorce Settlement

If you and your spouse can agree on the terms of your divorce, including the length of any spousal support payments, you can avoid having a judge decide the spousal support question for you. This allows you to craft a support arrangement that meets your family’s specific needs.

For example, you might agree to a longer but lower payment schedule to provide a steadier stream of income to the receiving spouse. Or you could negotiate a lump-sum spousal support payment in lieu of periodic installments to achieve a clean financial break.

An experienced divorce attorney can help you understand your rights and options when it comes to spousal support and advocate for an arrangement that protects your long-term interests.

Consult With a Knowledgeable Texas Spousal Support Attorney

If you’re facing divorce in Texas and have questions about spousal support, it’s essential to seek guidance from a skilled alimony attorney. At the Law Office of Aimee Stritchko, we have extensive experience helping clients navigate the complexities of spousal support disputes.

Our team can evaluate your case, explain the legal standards for setting maintenance duration, and fight for an outcome that safeguards your financial security. Whether you anticipate paying or receiving spousal support, we’ll work tirelessly to achieve a resolution that meets your needs.

To learn more about your rights and options regarding spousal support in Texas, contact the Law Office of Aimee Stritchko today. We’ll be there for you every step of the way.