Fort Worth Spousal Maintenance Attorneys

Who Is Eligible for Spousal Maintenance in Texas?

There are various grounds for spousal maintenance under Tex. Fam. Code § 8.051, including:

• Inability to meet basic needs after divorce. The requesting spouse must show they lack sufficient property to cover reasonable living expenses.
• Family violence by the other spouse. Maintenance may be awarded if the other spouse was convicted or received deferred adjudication for family violence.
• Disability preventing employment. A spouse may qualify if a physical or mental disability limits their ability to earn enough income to support themselves.
• Long-term marriage with limited earning ability. If the marriage lasted at least 10 years, a spouse may be eligible if they cannot afford their basic needs.
• Caring for a child with special needs. You may be eligible for maintenance if you cannot earn a sufficient income because you care for a child with a disability.

How Long Does Spousal Maintenance Last?

The amount and duration of spousal maintenance will vary from case to case. Courts may limit payments based on the length of the marriage, including up to five years for marriages lasting 10–20 years, up to seven years for marriages lasting 20–30 years, and up to 10 years for marriages lasting 30 years or more.

Courts generally expect maintenance to last only as long as necessary for the receiving spouse to become financially independent. However, longer support may be considered in cases involving a disability or a child with special needs. We can evaluate your financial situation and develop a strategy that aligns with your goals.

How Does the Court Determine Spousal Maintenance Payments?

Texas does not have a fixed formula for calculating spousal maintenance. Instead, courts closely evaluate each spouse’s financial situation to determine a reasonable amount that meets the receiving spouse’s basic needs without placing an unfair burden on the paying spouse.

A court cannot order more than the lesser of $5,000 per month or 20% of the paying spouse’s gross monthly income (Tex. Fam. Code § 8.055). The final amount within that limit will depend on various factors, such as financial need, ability to pay, work history, and the time it may take for one spouse to become self-supporting.

Factors Determining the Amount of Spousal Maintenance

Family courts may consider various factors when determining spousal support under Tex. Fam. Code § 8.052. Our spousal maintenance attorneys have extensive experience in this area of divorce to help determine an effective strategy for your unique circumstances. Some influencing factors include:

• The total length of the marriage
• Each spouse’s contributions during the marriage
• The education and employment status of both spouses
• The time needed by the individual receiving spousal support to attain the skills or education needed to earn an adequate income

Is Spousal Maintenance Taxed?

It depends on when the agreement was finalized. For agreements finalized after January 1, 2019, spousal maintenance payments are not tax-deductible for the paying spouse and are not considered taxable income for the receiving spouse. For agreements finalized on or before December 31, 2018, older tax rules may apply.

Because these tax rules can directly affect how much support is paid or received, understanding which law applies to your case is important when negotiating or reviewing spousal maintenance terms. We can walk you through federal tax laws and explain how current rules apply to your specific situation.

Contact Our Spousal Maintenance Lawyers Today

Since 1973, our firm has guided couples and families through the legal intricacies of spousal maintenance, divorce, child support, child custody, and other sensitive matters in family court. Our attorneys combine personalized guidance with a deep understanding of family law to protect your family’s future. Whether you are seeking support or contesting it, we are here to provide unwavering support every step of the way.