Alimony in Texas| Spousal Support (Guide) 2023

Spousal support, often known as alimony, is money paid by one former spouse to the other to help financially sustain their ex-partner. Spousal support is distinct from child support and can be given regardless of whether or not children are involved in the divorce.

While some may believe alimony is a bygone era, it can still be paid based on the circumstances of a divorce. This article will explain alimony in Texas.

Alimony is a monetary payment made by one spouse to the other during and/or after a divorce. In Texas, these payments are referred to as “spousal maintenance” or “maintenance.”

Spousal Support In Texas

In Texas, either spouse can ask for alimony in Texas during the divorce process under Texas divorce laws. The court can only award support if the asking spouse does not have enough property to meet basic requirements at the time of the divorce and at least one of the following situations exists:

• Within two years of the divorce filing, or while the divorce is proceeding, the supporting spouse was convicted of an act of domestic violence against the other spouse or the couple’s children.
• Due to an incapacitating physical or mental impairment, the spouse requesting maintenance is unable to earn enough money to support themselves.
• The pair have been married for at least ten years, and the dependent spouse is unable to earn enough money to meet the couple’s basic necessities.
• Because of a mental or physical handicap that prevents the parent from working and producing an income, the supported spouse is the custodial parent of a kid who requires substantial care or personal supervision.

Factors for Determining Alimony In Texas

Every maintenance case in Texas starts with the assumption that spousal maintenance is not appropriate. The court will proceed with a maintenance evaluation if the asking spouses can show they made a good faith effort to generate an income or obtain the education or training required to become financially independent during the separation and divorce process (and still require support).

To determine the kind, quantity, duration, and payment mode of support, the court will consider the following factors:

• Each spouse’s ability to meet the reasonable needs of the other.
• Both spouses’ educational and employment capabilities and the time required to obtain the necessary education or training to enable the supported spouse to earn enough money to become financially self-sufficient.
• The longevity of the relationship
• The spouse is requesting maintenance’s age, employment history, earning capabilities, and physical and emotional state.
• If child support is a consideration, each spouse’s ability to meet his or her own requirements while paying child support.
• Whether either spouse squandered, hid, destroyed, or otherwise disposed of communal property.
• Whether during the marriage, either partner contributed to the other’s education, training, or increased earning power.
• The assets that both partners brought to the marriage.
• Any contributions made by a spouse as a stay-at-home mom.
• Either spouse commits marital misconduct during the marriage, such as adultery or cruel treatment.
• Any family violence history or trend.

Duration of Maintenance Orders

When determining the period of maintenance awards, Texas law requires judges to follow strict guidelines. Suppose a judge directs a spouse to pay support due to a medical or mental handicap, duties as the custodial parent of the marriage’s infant or young child, or another compelling reason. In that case, support can be continued for as long as the requirements exist. The court may require a periodic review of the support order in the future.

Texas law limits assistance for any other maintenance orders to:

If the couple has been married for less than ten years and the supporting spouse has been convicted of domestic abuse, the sentence is reduced to five years.

If the couple has been married for more than ten years but less than 20 years, the period is five years.

If the couple has been married for at least 20 years but not more than 30 years, the period is seven years.

Ten years if the couple has been married for 30 years or longer.

Unless there is a physical or mental condition, a custodial parent, or another compelling circumstance, Texas law requires judges to order assistance for the shortest period of time required for the supported spouse to become self-sufficient.

Maintenance orders will be completed prior to their expiration dates if the following conditions are met:

Either party will perish.

The spouse who has been helped remarries.

While in a dating or romantic relationship, the supported spouse cohabitates with a third party.

Pending a court review or subsequent order

Amount of Maintenance in Texas

Unlike many other states, Texas has a rule that limits the amount of assistance a judge can order. Maintenance payments cannot exceed $5000 per month or 20% of the spouse’s average monthly gross income (whichever is less).

A judge is likely to order spousal maintenance payments to be made on a regular basis (typically monthly). The court may issue an income withholding order, instructing the paying spouse’s employer to deduct maintenance payments from his or her paycheck and send them to the appropriate court agency.

Changing a Maintenance Award

If there has been a serious and substantial change of circumstances since the first order, the court can modify (alter) spousal maintenance orders. The paying spouse must continue to fulfill the current court order conditions until the court formally alters the award.

It’s critical to remember that you must obey the court order until the judge hears your request for an alimony modification. Failure to obey a court order is a serious offense that can result in serious consequences such as attorney’s fees, bank liens, or jail time. Supported spouses who aren’t receiving court-ordered payments can ask the court for assistance in enforcing the order in writing.

Also, read: Grandparent’s rights in Texas.

Spousal Support and Taxes in Texas

The 2017 Tax Cuts and Jobs Act has a big influence on Texas divorce laws alimony. Paying spouses could deduct maintenance payments from their income before January 1, 2019, and supported spouses had to disclose and pay taxes on the income.

Alimony in Texas is no longer considered income for the recipient or a tax deduction for the paying spouse for any alimony agreements and/or court decisions finalised on or after January 1, 2019.

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