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Important Facts About Spousal Maintenance In Texas

One of the interesting quirks of Texas family law is that the Texas constitution forbids alimony in Texas. That said, courts recognize that the end of a long marriage can put a person in a difficult place financially, and that person may need help.

At The Hicks Law Firm, I dedicate my time and service to people from Bexar and Travis counties dealing with divorce issues. Spousal maintenance is an especially high-stakes issue. I’ve put this short guide together about what you need to know about alimony and spousal support so we can have a productive conversation later.

Qualifications For Spousal Maintenance In Texas

The courts in Texas will often award one spouse “maintenance” provided they meet certain important qualifications. These qualifications are the length of the marriage (10 years) and the petitioning spouse’s genuine effort to get income that allows them to maintain their lifestyle.

How Long Does Spousal Support Typically Last?

The law in Texas ties the length of time spousal support last to the length of the marriage. It generally breaks down as follows:

  • Support lasts no more than five years for marriages between 10 and 20 years in length.
  • Support lasts no more than seven years for marriages between 20 and 30 years in length.
  • Support lasts no more than ten years for marriages that last more than 30 years.

There is no typical time frame for any spousal maintenance decree. But there is help available.

How Texas Courts Calculate Spousal Maintenance

The courts don’t have a set calculation method for a spousal maintenance order. However, there is a monthly maximum the lower amount of 20% of an individual’s monthly income or $5000.

Can Spousal Maintenance Amounts Be Modified?

Any post-divorce decree can go through modification if that is needed. Spousal support is meant to be temporary and based on need. If the person receiving spousal support or paying for it has a profound change in resources, it’s only natural for someone to pursue an alteration.

Tax Implications Of Spousal Maintenance

New spousal support payments – technically, any ordered after 2018 – are not deductible for the payer. The receiving party does not pay taxes on them.

Your Situation Is Unique. Talk To Me About It.

The above is general information to get you started, but I guarantee that your situation is not standard. Reach out to me directly to learn more by calling 210-987-3059 or sending me an email.