When going through a divorce in Texas, understanding the difference between spousal maintenance and contractual alimony is critical. While many people use these terms interchangeably, Texas law treats them very differently. This guide explains how spousal maintenance and contractual alimony work, who qualifies, and what you can expect in terms of income limits and duration.
Why Choose BB Law Group PLLC for Your Spousal Maintenance Case
BB Law Group PLLC brings years of experience handling spousal maintenance cases throughout The Woodlands and surrounding Texas communities. Our attorneys understand Texas Family Code Chapter 8 and the nuances of both court-ordered maintenance and contractual alimony agreements. We take a personalized approach to each case. We ensure you understand your rights and obligations. This helps you make informed financial decisions. Learn more about our family law practice and how we serve families in Montgomery, Conroe, and Humble.
The Key Difference: Spousal Maintenance vs. Contractual Alimony
Texas law recognizes two forms of spousal support: spousal maintenance and contractual alimony. These are fundamentally different in how they work and how they are enforced.
Spousal maintenance is a court-ordered award that one spouse pays to the other following a divorce. Courts enforce it as a legal judgment and it is only available in divorce cases. Texas presumes that a spouse is NOT entitled to spousal maintenance unless they meet specific eligibility requirements set by state law. Understanding these requirements is essential before pursuing court-ordered alimony.
Contractual alimony is an agreement negotiated between spouses and courts enforce it only under contract law, not as a court order. This option provides flexibility because the parties can agree to terms that work for their situation, without the restrictions that apply to court-ordered maintenance. Many couples choose mediated divorce to negotiate these agreements more effectively.
It’s important to note that Texas does not use the term “alimony” in its statutory framework. When people refer to “alimony” in Texas, they typically mean either spousal maintenance or contractual alimony. For more information on how Texas handles spousal support, consult the Texas Family Code.
Eligibility Requirements for Spousal Maintenance
To be eligible for court-ordered maintenance, the requesting spouse must first prove they lack sufficient property (including their separate property) to provide for their minimum reasonable needs.
Once that threshold is met, they must ALSO prove one of the following:
- Family Violence: The other spouse was convicted of or received deferred adjudication for family violence within 2 years of the filing.
- Incapacitating Disability: The requesting spouse has a physical or mental disability preventing them from earning sufficient income.
- 10+ Year Marriage: The marriage lasted at least 10 years, and the requesting spouse lacks the ability to earn sufficient income.
- Custodial Care: The requesting spouse cannot work because they care for a child of the marriage with a disability requiring substantial care.
Income Caps and Payment Limits
Texas law places strict limits on how much spousal maintenance a court can order. Under Texas Family Code § 8.055, the monthly payment cannot exceed the lesser of these two amounts:
- $5,000 per month, OR
- 20% of the paying spouse’s average monthly gross income.
For example:
- Scenario A: If a spouse earns $15,000 per month, 20% is $3,000. Since $3,000 is less than the $5,000 cap, the maximum award is $3,000.
- Scenario B: If a spouse earns $30,000 per month, 20% is $6,000. However, the $5,000 cap applies, so the maximum award is limited to $5,000.
Duration: How Long Does Spousal Maintenance Last
The length of time a spouse receives maintenance depends on how long the marriage lasted:
- Marriages under 10 years: Up to 5 years (Only applicable in cases of Family Violence).
- Marriages 10-20 years: Up to 5 years.
- Marriages 20-30 years: Up to 7 years.
- Marriages 30+ years: Up to 10 years.
These are maximum durations. A court may order a shorter period based on the specific circumstances of your case. If circumstances change significantly, you may be able to request modification of spousal maintenance. Common reasons for modification include job loss, income changes, or changes in the receiving spouse’s earning capacity. If you need to modify your alimony, our attorneys can help guide you through the process.
Understanding Contractual Alimony
Contractual alimony offers an alternative to court-ordered spousal maintenance. When spouses agree to contractual alimony, they negotiate the terms themselves, including the amount, duration, and any conditions. This agreement is then incorporated into the divorce decree and courts enforce it through contract law.
The advantage of contractual alimony is flexibility. Parties are not bound by the $2,500 monthly cap or the duration limits that apply to court-ordered maintenance. They can agree to higher amounts, longer periods, or other arrangements that meet their needs. Contractual alimony can also be used as part of property division negotiations, allowing spouses to structure their settlement in creative ways. Many couples find that mediated divorce or collaborative divorce approaches work best for negotiating these agreements.
Frequently Asked Questions
Does Texas Have Alimony?
Texas does not have traditional alimony as recognized in other states. Instead, Texas law provides for spousal maintenance (court-ordered support) and contractual alimony (agreed upon by spouses). When people refer to “alimony” in Texas, they are typically referring to one of these two forms of support. For detailed information, review the Texas Family Code Chapter 8.
Is Spousal Maintenance Mandatory in Texas?
No. Texas law presumes that a spouse is NOT entitled to spousal maintenance unless they meet specific eligibility requirements. This is different from many other states where spousal support is more readily available. The burden is on the spouse seeking maintenance to prove they qualify. Our family law team can help you understand whether you meet these requirements.
Can Spousal Maintenance Be Modified?
Yes. Either party can request modification of spousal maintenance if there has been a material and substantial change in circumstances. Common reasons for modification include job loss, significant income changes, or changes in the receiving spouse’s ability to earn income. Enforcing alimony is also important if payments are not made. You can also request temporary alimony during the divorce process.
What Happens if Someone Doesn’t Pay Spousal Maintenance?
Court-ordered spousal maintenance is enforceable through contempt proceedings. If a spouse fails to pay, the receiving spouse can file a motion for enforcement. The paying spouse may face penalties, including attorney’s fees, court costs, and other sanctions. If you’re having trouble collecting alimony payments, we can help.
How Is Contractual Alimony Different From Spousal Maintenance?
Contractual alimony is negotiated between spouses and courts enforce it only as a contract. Spousal maintenance is court-ordered and courts enforce it as a judgment. Contractual alimony is not subject to income caps or duration limits, giving parties more flexibility in structuring their agreement. Understanding these differences is crucial when deciding between contested divorce and mediated divorce options.
Get Legal Guidance on Spousal Maintenance
Spousal maintenance and contractual alimony decisions have long-term financial implications. Understanding your rights and obligations is essential before making commitments that will affect your future. BB Law Group PLLC can help you handle these issues and develop a strategy that protects your interests.
Contact (832) 534-2589 to schedule a consultation with a family law attorney in The Woodlands. We’re here to answer your questions and guide you through the process. You can also visit our about page to learn more about BB Law Group PLLC and our team of attorneys. Check out our client testimonials to see how we’ve helped families navigate spousal support issues.
