Spousal maintenance is a type of court-ordered financial support that one spouse may have to pay the other after divorce. However, a difference in income alone does not automatically qualify someone to receive it.
Texas has specific eligibility requirements for spousal maintenance, including whether a spouse can meet their minimum reasonable needs with available property and whether certain circumstances, such as a qualifying disability, a long marriage, or family violence, apply. If you are preparing for divorce, understanding these requirements can help you assess your financial options and plan for life after marriage.
At Gregory Hitt, I can help you evaluate how Texas maintenance laws may apply to your circumstances. Located in Austin, Texas, I serve clients throughout Travis County, Williamson County, and Hays County. Learning the rules of spousal maintenance before making decisions about your divorce can help you approach negotiations with a clearer understanding of your rights and obligations. Reach out to schedule a consultation.
Who May Qualify for Spousal Maintenance?
Under Section 8.051 of the Texas Family Code, a court may award spousal maintenance only when the requesting spouse lacks sufficient property, including separate property, to meet their minimum reasonable needs after divorce and satisfies at least one additional eligibility requirement.
The law does not guarantee support simply because one spouse earns substantially more than the other. A spouse may qualify under one of these circumstances:
Family violence: The other spouse was convicted of or received deferred adjudication for a qualifying criminal offense constituting family violence against the requesting spouse or their child during the marriage. The offense must have occurred within two years before the divorce petition was filed or while the divorce case was pending.
Incapacitating disability: A physical or mental disability prevents the requesting spouse from earning enough to meet their minimum reasonable needs.
Long-term marriage: The spouses were married for at least 10 years, and the requesting spouse lacks the ability to earn sufficient income to meet their minimum reasonable needs.
Care of a child with a disability: The requesting spouse cares for a child of the marriage who requires substantial care and personal supervision because of a physical or mental disability that prevents the spouse from earning sufficient income.
The distinction between financial hardship and legal eligibility is especially important. For example, a spouse who left the workforce to raise children may have legitimate financial concerns but will not automatically qualify solely because they were a homemaker. The court must consider the applicable statutory requirements and the evidence presented.
As an experienced Texas divorce attorney, I can help you determine whether you qualify for spousal maintenance and build a strong case for the amount and duration your circumstances justify.
How Does Texas Determine Whether You Need Support?
Texas courts assess whether a spouse can meet their minimum reasonable needs using the property available to them after the divorce. This includes considering separate property, not just the assets acquired during the marriage. A spouse who receives substantial assets during property division may have a different eligibility from someone with limited resources.
The court may review your practical expenses and available financial resources when evaluating your needs. These can include housing, utilities, food, transportation, insurance, and other ordinary living costs. The analysis depends on the circumstances, and no single expense amount automatically establishes eligibility. When preparing for a maintenance request, consider organizing records such as:
Recent pay statements, tax returns, and other income records
Monthly household expenses and outstanding debts
Bank statements, investment records, and information about other property
Documentation of a disability or a child's care needs, when relevant
Information about employment history, education, and earning capacity
Having this information available can help you explain your financial situation with greater clarity. It may also show whether you need additional documentation.
How Does the Length of Your Marriage Affect Eligibility?
Texas law generally requires 10 years of marriage for a spouse to qualify for spousal maintenance under the long-marriage provision. However, even for marriages lasting 10 years or longer, the requesting spouse must demonstrate an inability to earn sufficient income to meet their minimum reasonable needs and satisfy the property requirement.
Texas also recognizes other qualifying circumstances, including certain disabilities and qualifying family violence, that may permit maintenance without meeting the 10-year threshold. If you are seeking maintenance based on a long marriage, you should be prepared to explain your efforts and ability to support yourself.
Section 8.053 of the Texas Family Code creates a rebuttable presumption against maintenance under the long-marriage provision. The presumption applies unless the requesting spouse has exercised diligence in earning sufficient income or developing the skills needed to meet their minimum reasonable needs during separation and while the divorce case is pending.
This can be challenging for someone returning to work after years outside the workforce. Evidence of job applications, training, education, or other reasonable efforts to improve earning capacity may help demonstrate diligence, depending on the circumstances.
How Much Maintenance Can a Texas Court Award?
Qualifying for spousal maintenance does not determine the amount or duration of an award. The courts consider relevant factors, including each spouse's financial resources, education, employment skills, age, earning ability, physical and emotional condition, and the length of the marriage.
Other considerations include contributions to the other spouse's education or earning capacity, contributions as a homemaker, property brought into the marriage, marital misconduct, and any history or pattern of family violence. The court will weigh the relevant circumstances rather than applying a simple formula to every case.
However, the monthly award generally cannot exceed the lesser of $5,000 or 20% of the paying spouse's average monthly gross income. The court must apply the statutory rules to the evidence in the case.
Additionally, the applicable maximum period for receiving spousal maintenance generally depends on the length of the marriage and the basis for eligibility. The usual maximums are five years for marriages lasting less than 20 years, seven years for marriages lasting at least 20 but less than 30 years, and 10 years for marriages lasting 30 years or longer.
Certain disability-related or child-care circumstances may allow maintenance to continue as long as the applicable eligibility requirements are met. The court generally must limit maintenance to the shortest reasonable period that allows the recipient to earn sufficient income to meet their minimum reasonable needs.
Discuss Your Options With a Texas Divorce Attorney
Texas spousal maintenance depends on statutory eligibility, available resources, and the circumstances of each marriage. Understanding these requirements can help you prepare for financial negotiations and make informed decisions about your next steps.
At Gregory Hitt, I help clients in Austin, Texas, and throughout Travis County, Williamson County, and Hays County evaluate their divorce and spousal maintenance concerns and explore their options. With over 30 years of experience, I can review the financial and legal issues relevant to your situation and explain how the law may apply.
Contact me, Attorney Gregory Hitt, today to schedule a consultation and discuss what steps may be appropriate for your divorce.
