What is Spousal Support Based on in Texas? 5 Things That Count

If you’re going through a divorce in Texas, you may have questions about spousal support – also known as spousal maintenance. Will you have to pay? Will you receive payments? How much and for how long? The answers depend on a variety of factors unique to your marriage.

In this article, we’ll break down the key considerations Texas courts use to determine spousal support awards. We’ll cover the types of spousal support, how it’s calculated, when it can be modified, and more.

When is Spousal Support Awarded in Texas?

In Texas, a spouse can request spousal support as part of a divorce proceeding. However, the courts start with the presumption that spousal support is not appropriate unless the requesting spouse clearly demonstrates they will not have sufficient property after divorce to provide for their minimum reasonable needs.

Additionally, one of these conditions must be met:

• The paying spouse was convicted of family violence within 2 years of the divorce filing or during the divorce case
• The spouses were married for 10+ years, and the requesting spouse is unable to earn enough income to be self-supporting
• The requesting spouse has a disability preventing them from working
• The requesting spouse is caring for a child of the marriage who has a disability requiring substantial care

If these conditions are not met, the court generally will not award spousal support. Spousal support is not guaranteed in Texas divorces.

Five Factors That Determine Spousal Support Awards in Texas

When deciding whether to award spousal support and in setting the amount and duration, Texas courts evaluate a variety of factors laid out in the Texas Family Code Sec. 8.052:

1. Length of the Marriage

Generally, the longer the marriage, the more likely spousal support will be awarded. Texas law requires a minimum 10 year marriage for spousal support eligibility in most cases. A rare exception is when the paying spouse was convicted of family violence.

2. Disparity in Income and Earning Potential

The greater the disparity in incomes and earning capacities of the spouses, the more likely spousal support will be ordered. Courts look at current income levels and future earning potential, factoring in each spouse’s education, job skills, and employment history.

3. Standard of Living During the Marriage

The court aims to help the lower-earning spouse continue a standard of living similar to what was enjoyed during the marriage to the extent possible. Maintaining this status quo can be challenging in divorces after a long marriage with a significant income gap between spouses.

4. Age and Health of Each Spouse

Spousal support is more likely to be awarded when the requesting spouse is older or has health issues that impact their ability to work and become self-supporting after divorce. The court may consider expected future medical needs and costs.

5. Domestic Roles and Contributions

Non-financial contributions to the family during the marriage, like being a homemaker or primary caregiver for children, are considered in spousal support decisions. If one spouse gave up career or education opportunities to support the family, this may increase the likelihood of spousal support.

Types of Spousal Support in Texas

In Texas, spousal support can be classified into two main categories: court-ordered spousal support and contractual spousal support. The appropriate type depends on the specific circumstances of the divorce case.

Court-Ordered Spousal Support

Court-ordered spousal support is awarded by a judge as part of the final divorce decree. This type of spousal support is governed by the Texas Family Code and is subject to statutory limitations on amount and duration.

The court may order spousal support for a set period of time based on the length of the marriage:

• 5 to 10 years: Maximum 5 years of spousal support
• 10 to 20 years: Maximum 5 years of spousal support
• 20 to 30 years: Maximum 7 years of spousal support
• More than 30 years: Maximum 10 years of spousal support

Court-ordered spousal support is typically paid in periodic installments, such as monthly payments, but may be ordered as a lump sum in certain situations. The spousal support order will specify the amount, duration, and method of payment.

Court-ordered spousal support ends automatically if the recipient spouse remarries or cohabitates with a romantic partner. The obligation also terminates upon the death of either former spouse.

Contractual Spousal Support

Contractual spousal support is agreed upon by the divorcing spouses as part of their property settlement agreement. With contractual spousal support, the spouses have more flexibility to negotiate the amount, duration, and terminating events based on their unique circumstances. They can agree to terms that differ from what a court might order under the law.

Contractual spousal support is treated as a binding contract between the former spouses. If the paying spouse fails to meet the agreed-upon obligation, the recipient spouse can sue for breach of contract to enforce the spousal support terms.

How is Spousal Support Calculated in Texas?

Texas law sets a maximum spousal support amount at the lesser of $5,000 per month or 20% of the paying spouse’s average monthly gross income. Within that cap, the exact spousal support amount and duration varies case-by-case.

The court will evaluate:

• Financial resources available to each spouse after divorce, including the division of marital property
• Education and employment skills of the spouses
• Time necessary for the recipient spouse to acquire education or training for appropriate employment
• Duration of the marriage
• Age, employment history, earning ability, and health of the recipient spouse
• Ability of paying spouse to support themselves while paying spousal support
• Acts by either spouse leading to excessive spending or destruction of marital property
• Marital misconduct, including adultery and cruel treatment
• History or pattern of family violence
• Contributions of a spouse as homemaker
• Contributions of a spouse to education, training, or increased earning power of the other spouse

Our law firm can help analyze your circumstances and estimate potential spousal support outcomes. However, the court has broad discretion in weighing the various factors. spousal support is very fact-specific.

Modification and Termination of Spousal Support

In most cases, court-ordered spousal support is not modifiable in Texas unless a material and substantial change occurs that prevents the paying spouse from meeting the obligation. Inability to pay must be due to circumstances beyond that spouse’s control, like an involuntary job loss or disability. Voluntary underemployment is not a basis for modification.

As previously mentioned, the court may also terminate spousal support if the recipient spouse cohabitates with a romantic partner. Remarriage automatically terminates court-ordered spousal support. Death of either former spouse also ends the spousal support obligation.

Any modifications or terminations must be approved by court order.

Tax Treatment of Spousal Support Payments

Due to changes under the Tax Cuts and Jobs Act, spousal support payments are no longer tax deductible for the paying spouse if the divorce or separation agreement was finalized after December 31, 2018. The recipient spouse also does not include spousal support payments as taxable income.

Protect Your Financial Future – Consult with Our Spousal Support Attorneys Now

Spousal support decisions in a Texas divorce depend on a range of factors, from the length of the marriage and disparity in spousal incomes to each spouse’s age, health, and earning potential. The court’s role is to balance the financial needs of the requesting spouse with the ability of the other spouse to pay.

If you expect to pay or receive spousal support, we recommend working with our divorce attorney to understand your rights and obligations. At the Law Office of Aimee Stritchko, our team will evaluate your case, estimate probable spousal support outcomes, and advocate for an appropriate spousal support award.

To discuss your spousal support questions and Texas divorce, please contact us today.