Fort Worth Spousal Maintenance Attorneys

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

Contractual Alimony vs. Court-Ordered Spousal Maintenance

Not all spousal support in Texas comes from a judge's order. Many divorcing couples instead negotiate contractual alimony — a private agreement between spouses that's incorporated into the final divorce decree.

The distinction matters more than people expect:

• Court-ordered maintenance is limited by strict statutory caps on amount and duration, and only available if you meet the eligibility grounds under Tex. Fam. Code § 8.051.
• Contractual alimony isn't bound by those same limits. Spouses can agree to a higher payment, a longer term, or different conditions — often as part of a broader settlement involving property division or retirement assets.
• The two are also enforced differently. Court-ordered maintenance can be enforced through the family court's contempt powers, while contractual alimony is generally enforced as a contract.

Because these paths lead to very different financial outcomes, it's worth discussing both options with an attorney before you agree to (or reject) a settlement offer.

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.

Can Spousal Maintenance Be Modified or Terminated?

Spousal maintenance orders aren't necessarily permanent, even within their court-ordered timeframe. A support order can typically be modified or terminated early when circumstances change materially, including:

• Remarriage of the receiving spouse — maintenance automatically ends upon remarriage.
• Cohabitation — support may terminate if the receiving spouse begins living with a new romantic partner on a continuing basis.
• Death of either spouse — obligations end at that point.
• Significant change in income or need — a substantial change in either spouse's financial circumstances may justify revisiting the amount.

If you're the paying spouse and your former spouse's situation has changed, or you're receiving support and need to address a shortfall, our team can help you file the appropriate modification motion and present the evidence Texas courts require.

What Happens If Spousal Maintenance Isn't Paid?

When a paying spouse falls behind or stops paying altogether, the receiving spouse isn't without options. Texas courts treat spousal maintenance orders as enforceable court orders, and failing to comply can result in:

• Wage withholding directly from the paying spouse's paycheck
• Contempt of court proceedings, which can carry fines or, in serious cases, jail time
• Judgments for the unpaid, past-due amount

If you're owed maintenance that isn't being paid, or you're facing enforcement action because of a hardship, don't wait to get legal guidance — the sooner we're involved, the more options are typically available.

Frequently Asked Questions

Do I automatically get spousal maintenance if I was married a long time?

No. Length of marriage is one factor courts consider, but you must still show you lack sufficient property or income to meet your basic needs.

Can spousal maintenance and child support be ordered at the same time?

Yes. These are separate types of support, and a court can order both if you qualify for each based on your circumstances.

Is spousal maintenance the same as temporary spousal support during the divorce?

No. Temporary spousal support may be ordered while a divorce is pending, while spousal maintenance is decided as part of the final divorce decree and governed by different statutory standards.

Can we agree on spousal support without going to court?

Yes. Many couples resolve support through negotiation, mediation, or a contractual alimony agreement rather than litigating the issue before a judge.

How do I know if I should request spousal maintenance or negotiate contractual alimony instead?

This depends on your eligibility under Texas law, the overall settlement being discussed, and your long-term financial goals — an attorney can help you weigh which approach better protects your interests.

Why Work With a Fort Worth Spousal Maintenance Lawyer?

Spousal maintenance cases often turn on details that aren't obvious from reading the statute alone — how a judge in Tarrant County typically weighs earning capacity, how "basic needs" gets interpreted case to case, or how support requests interact with property division and child support negotiations happening at the same time.

Having attorneys who regularly appear in local family courts can make a meaningful difference in how your case is presented and resolved. At Turner-Monahan, PLLC, our team:

• Has represented Texas families in spousal maintenance matters for over 50 years
• Understands how Fort Worth and Tarrant County family courts commonly approach maintenance requests
• Builds a strategy around your full financial picture, not just the maintenance request in isolation
• Provides clear, upfront guidance so you know what to realistically expect, whether you're seeking or contesting support

Whether you're heading into settlement negotiations or preparing for a contested hearing, our goal is the same: protect your financial future with a strategy built around the facts of your case.

Take the first step toward a brighter future with strategic guidance from our award-winning attorneys. Call (817) 623-0129 to schedule a free consultation.