“Spousal maintenance” is the equivalent of “alimony” in Texas. It is only awarded under specific circumstances.
An example situation in which spousal maintenance can be awarded is when one spouse has been out of the workforce for a period of time because he/she was raising the children. Before he/she could return to work, he/she may need some education or training, during which time he/she may be awarded spousal maintenance to help facilitate his/her transition back into working.
Spousal maintenance is awarded in a few number of circumstances:
If the parties were married for at least 10 years, AND the spouse requesting spousal maintenance does not have enough money to take care of themselves, AND he or she is unable to find employment because of one of the following reasons:
- The person is disabled, OR
- The person clearly lacks the ability to earn enough money to meet basic needs, OR
- The person is responsible for taking care of a child with special needs.
Another situation in which spousal maintenance may be awarded is when the person who will be paying spousal maintenance has pled guilty to a crime for family violence within 2 years of the divorce or on probation for a crime of family violence.
Spousal maintenance can only be awarded for a maximum of 3 years. However, if the person who will be receiving support payments is disabled, then the payments can continue until the disability goes away.
The maximum spousal maintenance amount is either of the following:
- $2,500 per month;
- 20% of the average monthly gross income of the person paying spousal maintenance.
Spousal maintenance may also be a contractual spousal maintenance. This type of spousal maintenance is not limited in terms of how much the payments are or how long the payments are to be made.
Please note that spousal maintenance, whether contractual or court ordered, is typically considered taxable income for the spouse receiving the payments and tax deductible for the spouse making the payments.
