Spousal Maintenance Video

This video talks about spousal maintenance or alimony. Find out when and how much is usually awarded.

The spousal maintenance laws have changed in Texas. We’re currently updating the video to reflect the new laws.

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About this Spousal Maintenace or Alimony Video

Texas has options for spousal maintenance, or alimony, but it’s intended to be rehabilitative in nature.

What does that mean?

Let’s assume that one spouse has put their career on hold to raise children while the other spouse continued working. After the divorce, the spouse that had been out of the workforce might need to get a job. Unfortunately, they might need additional education or job training. The spousal maintenance is intended to help support the person long enough for them to develop marketable job skills.

When is spousal maintenance awarded?

Spousal maintenance is generally only considered in very specific circumstances and there are a number of criteria that have to be met.

If you have a marriage of 10 years or more, and…

There is a disparity in earning capacity and the lower earning spouse doesn’t have enough money to take care of himself or herself, and…

If he or she is unable to get a job because of one of the following reasons:

The person is disabled, or
The person must take care of a child of the marriage with special needs, or
If the person clearly lacks the ability to earn enough money to meet their minimum reasonable needs.

Spousal maintenance can also be awarded if the person that would be paying has been found guilty of a crime for family violence within 2 years of the divorce or if they are on probation for a crime of family violence.

How much spousal maintenance will be awarded?

Spousal maintenance can only be awarded by a Judge for a maximum of 3 years unless it’s awarded because the person receiving support payments is disabled or if there’s been family violence.

The maximum spousal support is the lesser of these two amounts:

$2,500 per month, or
20% of the average monthly gross income of the person paying spousal support.

Contractual or Agreed Spousal Maintenance

If you agree to contractual spousal maintenance, it can be whatever you and your spouse agree on. You and your spouse can choose to make the payments be for any amount you want for however long you want.