Understanding Spousal Maintenance Under the Texas Family Code

When going through a divorce, spousal maintenance may become a crucial part of the settlement. Under Chapter 8 of the Texas Family Code, spousal maintenance is a type of financial support provided by one spouse to the other post-divorce. While there may be different avenues of support in relation to a divorce, this post will outline the qualifications for post-divorce spousal maintenance, how the court may determine the amount and duration, and the circumstances under which maintenance can end or be modified specifically under Chapter 8 of the Texas Family Code.

1. What Qualifies Someone for Spousal Maintenance?

Not everyone who gets divorced will qualify for spousal maintenance under Texas law. The first hurdle the spouse seeking support must overcome is to prove that they meet one of the specific criteria outlined in Chapter 8 of the Texas Family Code:

• Marriage Length and Inability to Support Themselves: The couple must have been married for at least 10 years and the spouse seeking maintenance must prove that they do not have sufficient income (including property received or realized from the division of the divorce) to meet their minimum reasonable needs.  This is often the case if the spouse has limited earning potential due to a long marriage and being a stay-at-home spouse outside of the workforce.

• Incapacitating Disability: If the spouse requesting maintenance has a physical or mental disability that prevents them from being able to support themselves, they may qualify for spousal support.

• Caring for a Disabled Child: If the spouse is the primary caregiver of a child of the marriage with a physical or mental disability, they may be eligible for spousal maintenance to help them care for the child and maintain a reasonable standard of living.

• Domestic Abuse: If there has been a history of domestic abuse in the marriage within the prior two years. Specifically, if the spouse from whom maintenance is requested was convicted of or received deferred adjudication for a criminal offense that also constitutes an act of family violence within the prior two years, the spouse who has been abused may qualify for spousal maintenance. Texas law recognizes that abusive relationships often leave one party in a position where they cannot support themselves immediately post-divorce.

  
  

2. How Does the Court Determine the Amount of Spousal Maintenance?

The court takes several factors into consideration when determining the amount of spousal maintenance. Texas law sets limits on how much maintenance can be awarded and for how long, but the specifics depend on the circumstances of each case.

The amount of spousal maintenance is capped at the lesser of:

• $5,000 per month; or

• 20% of the paying spouse’s monthly gross income.

  
  

If the paying spouse earns $25,000 per month, for example, the maximum maintenance that can be awarded would be $5,000 per month, which is less than 20% of their income. However, if the paying spouse earns $2,000 per month, the maximum maintenance amount would be $400 per month (20% of their income).

These are maximums and are not the amount the court is required to order.

In addition to the amount, the court will also assess these factors amongst others:

• The requesting spouse’s ability to meet their needs.

• The paying spouse’s ability to support themselves while paying maintenance.

• The duration of the marriage.

• The recipient spouse’s education, skills, work experience, and employment history.

• The contribution by one spouse as a homemaker.

• The age, health, and earning capacity of both parties.

• The conduct of the parties during the marriage (including any acts of domestic violence or abusive behavior).

  
  

3. How Long Does Spousal Maintenance Last?

The duration of spousal maintenance is also governed by Texas law. The length of time that spousal maintenance is awarded depends largely on the length of the marriage and the reasons for the maintenance, and the court has an obligation to limit the duration of maintenance to the shortest reasonable amount of time possible. However, the ceilings provided under the Family Code are as follows:

• For marriages lasting less than 10 years: Spousal maintenance is typically not awarded, except in cases involving family violence, disability of a party, or the need to care for a disabled child.

• For marriages lasting 10 to 20 years: Maintenance may be awarded for a maximum of 5 years.

• For marriages lasting 20 to 30 years: Maintenance may be awarded for a maximum of 7 years.

• For marriages lasting over 30 years: Maintenance may be awarded for a maximum of 10 years.

  
  

However, the court may reduce or extend the duration of spousal maintenance in special circumstances. For example, a spouse may be eligible for support beyond 10 years (lifetime) if they are permanently disabled and unable to earn income to support their minimum reasonable needs because of this disability.

4. Circumstances That Can End Spousal Maintenance

Spousal maintenance in Texas will not last indefinitely. The maintenance can end under several circumstances:

• Remarriage: If the recipient spouse gets remarried, spousal maintenance will end.

• Cohabitation: If the recipient spouse begins living with a romantic partner in a relationship that resembles marriage, spousal maintenance may be terminated.

• Death: If either the paying or receiving spouse dies, the maintenance obligation ends.

• Change in Circumstances: A significant change in the circumstances of either spouse, such as a drastic increase in income or health improvements, could result in the termination of maintenance.

  
  

However, when disability is the qualifying criteria for maintenance, the duration may extend for as long as the circumstances present themselves, subject to periodic review.

5. Can Spousal Maintenance Be Modified?

In most cases, spousal maintenance is non-modifiable in Texas. This means that once it has been set, the paying spouse generally cannot reduce the amount or end the payments unless there has been a significant change in circumstances.

However, in certain limited situations, an obligor (the spouse paying maintenance) can petition the court to modify their maintenance obligation. These situations may include:

• A change in the receiving spouse’s financial situation: If the recipient spouse becomes self-supporting or experiences a significant improvement in their financial situation, the paying spouse may request a reduction or termination of maintenance.

• Change in the paying spouse’s financial situation: If the paying spouse experiences a substantial change in their income, health, or financial situation, they may be able to request a reduction in the amount of maintenance.

• Receiving spouse’s remarriage or cohabitation: As noted, if the receiving spouse remarries or begins cohabiting in a relationship resembling marriage, spousal maintenance may be terminated.

  
  

Conclusion

Spousal maintenance is an important aspect of divorce law in Texas, and understanding the legal framework under Chapter 8 of the Texas Family Code can help you navigate this complex issue. If you are going through a divorce, it’s critical to consult with an experienced family law attorney who can guide you through the process and protect your rights.

At Clepper Harrison & Duffy, PLLC, our team of skilled attorneys can provide you with the legal support you need during this challenging time. Contact us today to schedule a consultation and learn more about your options regarding Chapter 8 spousal maintenance in Texas.