“Will I have to pay alimony?” or “Can I get alimony?” are frequent questions considered by those contemplating divorce. In some states, alimony – or post-divorce spousal maintenance – is common, and in a handful of states, a former spouse can even be required to pay alimony indefinitely. Texas, however, limits post-divorce spousal maintenance by restricting eligibility, requiring spouses to work toward financial independence, and capping the amount and duration of payments.
Who is Eligible for Alimony?
Eligibility – To be eligible for spousal maintenance, a spouse must lack sufficient property to provide for his/her minimum reasonable needs. In addition, the spouse seeking maintenance must prove one of the following:
- He or she cannot earn enough to meet his/her minimum reasonable needs because of a mental or physical disability;
- He or she cannot earn enough to meet his/her minimum reasonable needs, and the parties have been married for at least 10 years;
- He or she is responsible for a child (of any age) who requires substantial care because of a physical or mental disability, which prevents him/her from earning enough to meet his or her minimum reasonable needs; or
- The other spouse committed a family violence crime against their spouse or child within two (2) years prior to or during the divorce lawsuit.
Other Considerations and Requirements for Alimony
Factors Considered – In determining the amount, duration, and manner of payments, courts consider factors such as each spouse’s ability to financially provide for themselves; each spouse’s education and skills; a spouse’s contribution as a “homemaker”; and marital misconduct, such as adultery and cruel treatment.
Diligence Required – In Texas, maintenance is meant to help a spouse transition to financial independence, not to allow them to rely on payments in lieu of employment. Thus, a spouse seeking maintenance generally must exercise diligence in either (a) earning enough income to support him or herself; or (b) developing skills to be able to provide for him or herself.
Duration – Texas also restricts the duration of maintenance payments. The duration of maintenance payments is most often based on the length of marriage, although there are exceptions. A general summary is below.
| Duration | Years Married | Other Requirements |
|---|---|---|
| 5 years | Less than 10 years | Maintenance is based on family violence |
| 5 years | 10-20 years | |
| 7 years | 20-30 years | |
| 10 years | 30 years or more |
Amount – When spousal maintenance is ordered, the monthly payment amount is also limited. A court cannot order maintenance that exceeds $5,000.00 or 20% of the spouse’s average monthly gross income, whichever is less.
Termination/Modification – If the spouse receiving maintenance remarries, maintenance payments will be terminated. Similarly, if that spouse is cohabitating with a romantic partner on a continuing basis, maintenance will be terminated.
Courts can also modify maintenance orders if either party proves “a material and substantial change in circumstances that occurred after the date of the order or decree.” Material and substantial change may include circumstances such as significant changes in either parties’ income or changes in employment status.
