Texas Alimony Support Calculator

Texas Alimony (Spousal Maintenance) Calculator

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Understanding Texas Alimony (Spousal Maintenance)

In Texas, what is commonly referred to as "alimony" is legally known as "spousal maintenance." Unlike some states where alimony is routinely awarded, Texas law makes spousal maintenance more difficult to obtain and limits both the amount and duration. This guide and calculator aim to provide a general understanding of these complex rules.

What is Spousal Maintenance?

Spousal maintenance is a court-ordered payment from one spouse (the "obligor") to the other spouse (the "obligee" or "seeking spouse") after a divorce. Its purpose is to provide temporary financial support to a spouse who lacks sufficient property, including their separate property, to meet their minimum reasonable needs.

Eligibility Requirements for Spousal Maintenance in Texas

Before a court can order spousal maintenance, the seeking spouse must meet strict eligibility criteria. Generally, the court must find that:

1. The spouse seeking maintenance lacks sufficient property, including their separate property, to provide for the spouse's minimum reasonable needs.
2. AND one of the following is true:
   • The marriage lasted for 10 years or longer, and the spouse seeking maintenance has diligently sought employment or developed the necessary skills to become self-supporting.
   • The obligor (the spouse who would pay maintenance) was convicted of or received deferred adjudication for a criminal offense that constitutes family violence against the other spouse or the other spouse's child during the marriage, and the offense occurred within two years before the date the divorce suit was filed or while the suit is pending.
   • The spouse seeking maintenance is unable to earn sufficient income to provide for the spouse's minimum reasonable needs because of an incapacitating physical or mental disability.
   • The spouse seeking maintenance is the custodian of a child of the marriage who requires substantial care and supervision because of a physical or mental disability, preventing the spouse from earning sufficient income to provide for the spouse's minimum reasonable needs.

It's crucial to understand that even if these criteria are met, the court is not obligated to award maintenance. It has discretion based on various factors.

How is the Amount of Spousal Maintenance Determined?

Texas law sets a statutory cap on the amount of spousal maintenance a court can order. The amount cannot exceed the lesser of:

• $5,000 per month, OR
• 20% of the obligor's average monthly gross income.

Within these limits, the court will consider several factors to determine the appropriate amount, including:

• Each spouse's ability to provide for their minimum reasonable needs.
• The education and employment skills of the spouses, and the time necessary to acquire sufficient education or training to enable the spouse seeking maintenance to become self-supporting.
• The duration of the marriage.
• The age, employment history, earning ability, and physical and emotional condition of the spouse seeking maintenance.
• The child support obligations of either spouse.
• Marital misconduct (e.g., adultery, cruelty) by either spouse.
• Family violence.
• The contribution of one spouse to the education, training, or increased earning power of the other spouse.
• The property brought to the marriage by either spouse.
• The contribution of a spouse as a homemaker.
• Any hidden assets or destruction of community property by either spouse.

Duration of Spousal Maintenance

Spousal maintenance in Texas is generally intended to be temporary. The law also sets limits on how long maintenance can be ordered, depending on the circumstances:

• Up to 5 years:
  • If the marriage lasted less than 10 years and there was a finding of family violence.
  • If the marriage lasted 10 years or more but less than 20 years.
• Up to 7 years:
  • If the marriage lasted 20 years or more but less than 30 years.
• Up to 10 years:
  • If the marriage lasted 30 years or more.
• Indefinite (subject to review):
  • If the spouse seeking maintenance has an incapacitating physical or mental disability.
  • If the spouse seeking maintenance is caring for a child of the marriage with a physical or mental disability.

Maintenance orders can be modified or terminated if there's a material and substantial change in circumstances or if the obligee remarries or cohabits with another person in a dating or romantic relationship.

Important Considerations

• This Calculator is an Estimate: The calculator provides a maximum potential amount and duration based on statutory limits. A court's actual award can be significantly lower or zero, depending on the specific facts and judicial discretion.
• Minimum Reasonable Needs: The court will always assess the seeking spouse's "minimum reasonable needs," which are not explicitly defined but are generally considered to be basic living expenses.
• Self-Sufficiency: Texas law emphasizes that the seeking spouse should make a diligent effort to become self-supporting.
• Consult an Attorney: Spousal maintenance cases are highly fact-specific and legally complex. It is essential to consult with an experienced Texas family law attorney to understand your rights and obligations.