How Long Does Alimony Last in Texas?

If you’re going through a divorce in Texas, you may be wondering about alimony – how it works, who’s eligible, and most importantly, how long it lasts. In this article, we’ll break down everything you need to know about the duration of alimony in Texas, from the factors that affect it to the ways it can be modified or terminated.

Whether you’re the one seeking support or the one who may have to pay, you need to know what to expect.

How Alimony Works in Texas

First things first: what exactly is alimony? In Texas, we actually use the term “spousal maintenance” instead of alimony. Spousal maintenance refers to court-ordered payments from one spouse to the other after a divorce. It’s designed to help the receiving spouse meet their minimum reasonable needs until they can become self-supporting.

There’s also something called “contractual alimony” in Texas. This is when the divorcing couple agrees on their own terms for support payments outside of what the law requires. Contractual alimony can be more flexible than court-ordered maintenance, but it’s governed by contract law rather than family law.

Eligibility for Spousal Maintenance

Not everyone who goes through a divorce in Texas is eligible for spousal maintenance. To qualify, you must meet one of the following criteria:

• Your marriage lasted for at least 10 years and you lack the ability to earn enough income to meet your minimum reasonable needs
• Your spouse was convicted of or received deferred adjudication for a family violence offense against you or your child within the past two years
• You have a disability that prevents you from earning enough income to meet your needs
• You are the custodian of a child of the marriage who requires substantial care due to a disability, preventing you from earning sufficient income

If you don’t meet any of these requirements, the court likely won’t order spousal maintenance in your case.

Factors That Affect the Length of Spousal Maintenance in Texas

Length of the Marriage

One of the biggest factors that determines how long spousal maintenance lasts in Texas is the length of the marriage. Here’s a breakdown:

• If your marriage lasted less than 10 years, you generally wouldn’t be eligible for spousal maintenance unless there was family violence involved.
• For marriages lasting between 10 and 20 years, maintenance payments can last up to 5 years.
• If your marriage lasted between 20 and 30 years, payments can last up to 7 years.
• For marriages that lasted 30 years or more, payments can last up to 10 years.

Keep in mind that these are maximum durations – the actual length of your maintenance order may be shorter depending on your specific circumstances.

Family Violence

If your spouse was convicted of or received deferred adjudication for a family violence offense against you or your child within the past two years, the court can order spousal maintenance regardless of how long your marriage lasted. However, the payments are still limited to a maximum of 5 years.

Disability

If you or your child have a physical or mental disability that prevents you from earning enough income to meet your minimum reasonable needs, the court may order spousal maintenance to continue for as long as the disability persists. This is one situation where maintenance payments can potentially last longer than the statutory maximums.

Determining the Amount and Duration of Spousal Maintenance

When deciding whether to award spousal maintenance and for how long, Texas courts look at many factors, including:

• Each spouse’s ability to provide for their own minimum reasonable needs
• The education and employment skills of the spouse seeking maintenance
• The length of the marriage
• The age, employment history, earning ability, and physical and emotional health of the spouse seeking maintenance
• The effect of child support payments on the ability of the paying spouse to also provide spousal maintenance
• Acts of either spouse that resulted in excessive or abnormal expenditures or destruction of property
• Contributions by one spouse to the other’s education, training, or increased earning power
• Property brought into the marriage by either spouse
• Contributions of a spouse as a homemaker
• Marital misconduct, including adultery and cruel treatment

The court has a lot of discretion in weighing these factors and determining a fair amount and duration for spousal maintenance.

Limitations on Maintenance Amount and Duration

Even if the court finds that spousal maintenance is appropriate, there are limits on how much can be ordered and for how long. In Texas, monthly maintenance payments are capped at $5,000 or 20% of the paying spouse’s average monthly gross income, whichever is less.

And as we discussed above, there are also maximum time limits on how long maintenance can last, based on the length of the marriage. The only exception is when the receiving spouse or a child of the marriage has a disability that prevents the spouse from earning sufficient income.

When Can You Modify or Terminate Spousal Maintenance?

Remarriage or Cohabitation

If the spouse receiving maintenance remarries or starts cohabitating with a new romantic partner, the maintenance payments will automatically terminate. The paying spouse can stop making payments without needing to go back to court.

Death of Either Spouse

Spousal maintenance also terminates automatically if either spouse dies. The obligation to pay does not continue after the death of the paying spouse, and the right to receive payments does not transfer to the receiving spouse’s estate.

Substantial Change in Circumstances

If there’s a material and substantial change in circumstances after the maintenance order is entered, either spouse can petition the court to modify the order. For example, if the receiving spouse gets a significant pay raise or the paying spouse loses their job, the court may decide to decrease or terminate the maintenance payments.

To request a modification, the spouse seeking the change will need to file a motion with the court and provide evidence of the changed circumstances.

Enforcing Spousal Maintenance Orders

If the paying spouse falls behind on their maintenance payments, the receiving spouse has a few options for enforcing the order:

• They can file a motion for enforcement with the court, asking the judge to hold the paying spouse in contempt and impose penalties like fines or even jail time.
• They can request a wage withholding order that directs the paying spouse’s employer to deduct the maintenance payments from their paycheck and send them to the receiving spouse.
• They can ask the court to render a money judgment for the unpaid maintenance, which can then be collected through standard debt collection methods like bank account garnishment or property liens.

Contractual Alimony in Texas

As we mentioned earlier, divorcing couples in Texas have the option to agree on their own terms for spousal support, outside of what the law requires for court-ordered maintenance. This is known as contractual alimony.

With contractual alimony, the spouses can negotiate the amount, duration, and conditions of the support payments. They’re not bound by the statutory caps on payment amounts or the time limits based on the length of the marriage.

However, it’s important to understand that contractual alimony is treated differently from court-ordered maintenance in a few key ways:

• It’s governed by contract law, not family law. That means if there’s a dispute over the payments, it will be treated as a breach of contract issue rather than a family court matter.
• The agreement must be in writing and signed by both parties to be enforceable.
• Contractual alimony is often treated differently for tax purposes – the payments may be tax-deductible for the paying spouse and reportable as income for the receiving spouse, unlike court-ordered maintenance.

Get Clarity on Your Spousal Support Questions – Schedule a Consultation Today

The question of how long alimony lasts in Texas is a complicated one with a lot of factors to consider. The length of the marriage, the grounds for the divorce, and the specific circumstances of each spouse can all play a role in determining the duration of spousal maintenance.

If you’re going through a divorce and have questions about spousal maintenance, consult with an experienced family law attorney who can advise you on your rights and options. At the Law Office of Aimee Stritchko, we have a deep understanding of Texas alimony laws and a track record of helping our clients achieve fair outcomes in their divorces.

Whether you’re seeking maintenance or think you may have to pay it, we can help you navigate the process with skill and compassion. Contact us today to schedule a consultation.