Spousal Support And Alimony In Texas: What You Should Know

Published April 2, 2024

The rules facilitating alimony and spousal support in Texas can be confusing. Many factors determine if and when spousal support is appropriate. Thus, people seeking it may be overwhelmed by the route available, and many questions may arise.

In this article, we’ll end any confusion you may have regarding spousal support in Texas. We’ll discuss everything, leaving no FAQs unanswered. We’ll talk about what exactly it is, whether the court will support your case, how the court decides, how the maintenance will be paid, and more. Let’s begin.

What Is Spousal Support?

Spousal support is a court-ordered fee paid from one spouse or domestic partner to the other. It can be paid during or after the separation or divorce. Its purpose is to help cover the living expenses of the spouse who earns less income or none at all. It guarantees that both parties can maintain a standard of living reasonably comparable to that which was set during their union.

Will the Court Order Spousal Support in My Case?

Spousal maintenance is finalized on a case-by-case basis. Essentially, there are four means of awarding it.

• The spouse who would be paying has been convicted of or received deferred adjudication for family violence against the other spouse or the other spouse’s child. It is within two years before filing the divorce or while the divorce is pending. The length of the union is irrelevant.
• The marriage has lasted for at least ten years. The spouse seeking spousal maintenance lacks adequate property or income for their reasonable needs. Moreover, it is either:
  • Disabled
  • The primary caretaker of a disabled child
  • Lacks earning capacity to provide for their minimum reasonable needs
• The parties decide that spousal maintenance is reimbursed for a defined time period.
• If a spouse is a sponsored immigrant, they could enforce the Affidavit of Support executed by the other party.

How Does the Court Make a Decision if a Spouse Lacks Earning Capacity To Provide for Their Minimum Reasonable Needs

The court will consider all relevant factors, such as:

• Financial resources are accessible to each party once their property is divided by the court
• The education and employment expertise of the spouses
• The time need to acquire sufficient education or training to enable the spouse to earn adequate income
• The availability and feasibility of such training
• Separate property owned by spouses
• The age, employment history, health, and earning capacity of the requesting spouse
• Whether the spouse incorrectly and poorly spent joint marital funds or sold property during the partnership
• Whether one spouse was a homemaker: misconduct of either party during the union: adultery, cruelty, etc
• Family violence.

The spouse seeking spousal support must also display that they have diligently sought employment, training, and educational opportunities.

How Long Will Spousal Maintenance Be Paid

No formula rules how much alimony you will be granted.

In the eye of the law, the court cannot demand the obligor to pay more than the lesser of:

• $5,000
• 20% of their gross monthly income

For marriages lasting 10 to 20 years, spousal maintenance may be awarded for up to 5 years.

For marriages lasting 20 to 30 years, the duration can extend up to 7 years.

For marriages lasting more than 30 years, spousal support may be awarded for up to 10 years.

Is Spousal Maintenance Taxed?

In Texas, alimony taxation has significantly altered because of the Tax Cuts and Jobs Act of 2017. For spousal maintenance orders issued after December 31, 2018, the payments are not deductible by the payer and are not acknowledged taxable income for the recipient. This represents a shift from previous rules where alimony payments could be deducted from the payer’s income on their tax returns.

Any spousal maintenance finalized on or after January 1, 2019:

1. The payer deducts the spousal maintenance payments from their taxable income.
2. The recipient is not obliged to report these payments as taxable income.

How Will I Receive My Payments After The Court Orders them?

Suppose the spousal support is granted. The court usually orders the obligor’s employer to withhold a set amount and send it to the spouse awarded maintenance.

You can enforce spousal maintenance other by either:

• By filing a motion to enforce
• Seeking the court to cut the amount owed to a money judgment
• Acquiring a qualified domestic relations order