Determining Spousal Maintenance in a Divorce


Alimony, which is also referred to as spousal maintenance, is not guaranteed in a divorce. It is also not designed to last forever. In Texas, there are some specific guidelines regarding how alimony is determined and for how long the payments will be made, so continue reading to learn more.

Spousal Maintenance in Texas

If you are seeking alimony in Texas, you will have to show that you do not have enough income to reasonably support yourself.

Moreover, you will also have to prove one or more of the following:

  • Your spouse was convicted of domestic violence within 2 years of the divorce filing
  • You were married for at least 10 years
  • You cannot earn sufficient income as a result of mental or physical disability
  • A child of the marriage is disabled and, due to the fact that you are the child’s caretaker, you cannot earn sufficient income

The length of time spousal maintenance lasts will also depend on a variety of factors, including whether or not the receiving spouse cares for a child or is dealing with other circumstances that prevent gainful employment. However, the most influential factor when it comes to the duration of these payments is the amount of time the marriage lasted.

Texas law imposes caps on the maximum length of time for spousal maintenance depending on the basis for the award:

  • If you were married for more than 30 years, spousal maintenance is capped at 10 years
  • If you were married between 20 and 30 years, spousal maintenance is capped at 7 years
  • If you were married between 10 and 20 years, spousal maintenance is capped at 5 years
  • If spousal maintenance is based on family violence or you were married for less than 10 years, spousal maintenance is capped at 5 years

Schedule a Case Review with an Experienced Family Lawyer to Discuss Your Case Today!

If you are in the middle of a divorce, the skilled legal team at the Law Firm of Johnson & Gaskill PLLC can provide the advice and guidance you need to obtain the best possible results. We understand how important these matters are and will work closely with you to create tailored solutions that address your unique needs.

Reach out to our law office today at (832) 210-1698 to schedule an initial consultation with a member of our team to get started on your case and learn more about what we can do to assist you.

Related Posts
  • Does Adultery Impact Alimony in a Texas Divorce? Read More