The term “Spousal Support” also referred to as “Spousal Maintenance” is a term used interchangeably with the term “Alimony”. Here in Texas, you will hear about Spousal Support or Spousal Maintenance. Spousal maintenance means money paid by one spouse to the other, typically on a monthly basis. Many people assume that if you are married and then go through a divorce, that makes you entitled to spousal support and that assumption would be incorrect. Spousal support is not awarded in each and every case as there is a criteria that must first be met in order to be eligible to receive the monthly maintenance.
Are you entitled to spousal support?
Texas Family Code Section 8.051 governs eligibility for spousal maintenance. The spouse seeking spousal support must not have enough of their own property and/or funds to provide for their basic needs, and they must also meet one of the following items listed below. Can the person meet one or more of these items:
- The spouse was married to the other spouse for a minimum of 10 years, and
- The spouse does not have the ability to earn enough money to meet their minimum reasonable needs, or
- The spouse seeking support has a disability that prevents earning enough to support themselves, or
- The spouse seeking maintenance has custody of a child from the marriage and the child has substantial care and supervision needs due to a disability. Note: In such cases, the child’s disability prevents the spouse with custody from earning enough money to fulfill basic needs.
Alternatively, spousal maintenance may be awarded if a spouse has been convicted or placed on deferred adjudication for family violence within two (2) years of the filing of the divorce suit (or during the divorce process while the suit is pending).
In addition, we’d like to answer another question we get very often. “If my spouse cheated on me, don’t I automatically get spousal support?” the answer to that question is no, cheating in a marriage is not a determining factor as Texas is a No-Fault State. You still must meet the criteria set above in accordance with The Texas Family Code in order to be eligible to receive spousal maintenance.
How long is spousal support paid?
In most cases, spousal support does not continue forever. It is awarded for a specified and limited period of time and will expire. The court will decide the shortest amount of time necessary to allow the spouse requesting the spousal maintenance to earn enough money to provide for their own needs. Stated in The Texas Family Code, Section 8.054, the maximum period of support is:
- 5 years if there was a conviction or deferred adjudication for family violence
- 5 years if the parties were married at least ten (10) years
- 7 years if the parties were married at least 20 years
- 10 years if the parties were married at least 30 years
- Indefinitely if the spouse is severely disabled or caring for a disabled child
There is a cap on spousal maintenance, and stated in The Texas Family Code, the amount of spousal support per month is lesser of:
- $5,000 or
- 20 percent of the paying spouse’s gross monthly income
But I have a Prenuptial Agreement…
If you had a prenuptial agreement completed prior to the marriage or a post-nuptial agreement (similar to a pre-nuptial agreement but created after the date of marriage), then those orders would be standing and will need to be followed. This can be contested in court, by a party but can be difficult to fight. With a prenuptial agreement or postnuptial agreement, you can determine the amount of support and length of support within that agreement.
Can I Modify An Existing Spousal Support Agreement After Divorce?
Yes, but these are reviewed on a case-by-case basis and is not guaranteed. If there has been a substantial change in circumstances affecting either party, you can modify an existing spousal support agreement post-divorce, as long as a court approves the modification, which is governed by Section 8.057 of The Texas Family Code. This code states that for a modification to occur, one of the parties must file a motion in the court that initially issued the order to pay maintenance. Notice must be given according to the Texas Rules of Civil Procedure and a response is due on or before 10am on the first Monday that falls 20 days after that party has been served with notice that a Motion for Modification has been filed. The court will hold a hearing and can modify the existing order.
Regarding substantial circumstances in which one may petition for a modification, Under Texas state law, the party who is petitioning for a modification of spousal support must be able to prove that there has been a material and substantial change in circumstances. Some common examples of changes that may be sufficient to support a modification of a spousal maintenance order include:
- A significant decrease in income for the spouse who was paying alimony;
- A significant increase in expenses for the spouse who was paying alimony; and
- A significant increase in income for the spouse who was receiving alimony.
Divorce and family law in general can be a tricky road to navigate and it is important for you to be informed of your rights and guided through the process. If you have questions about spousal support, child support, or general questions regarding divorce then we strongly encourage you to reach out to an experienced attorney with a focus on family law. Our family law attorney is experienced and passionate about helping you get the best outcome in your family law case. The Law Office of Chad Zubi, PLLC offers free consultations, and we are always here to help you navigate through your legal situation. Contact our office today at 832-777-8924 or schedule a free consultation here.
We serve the following counties regarding family law matters Harris County, Liberty County, Montgomery County, Polk County, San Jacinto County, Ft. Bend County, Brazoria County, Galveston County, and other Houston area surrounding counties.
