Unlike many states, Texas takes a relatively conservative approach to spousal maintenance (what many people call alimony). Understanding the rules — and the critical difference between court-ordered maintenance and contractual alimony — is essential for anyone going through a Houston divorce. The right legal strategy can significantly impact your financial future.
Court-Ordered Spousal Maintenance vs. Contractual Alimony
Texas law distinguishes between two types of post-divorce support. Court-ordered spousal maintenance is governed by the Texas Family Code and has strict eligibility requirements, duration limits, and amount caps. Contractual alimony is agreed upon by both parties as part of the divorce settlement and has no statutory limits on amount or duration. This distinction is critical because contractual alimony offers far more flexibility and is often the more effective tool in negotiations.
Who Qualifies for Court-Ordered Maintenance?
To qualify for court-ordered spousal maintenance in Texas, the requesting spouse must demonstrate that they will lack sufficient property after the divorce to provide for their minimum reasonable needs, and at least one of the following applies: the marriage lasted 10 years or longer and the spouse cannot earn sufficient income, the spouse has a physical or mental disability that prevents them from earning adequate income, the spouse is the custodian of a child with a disability requiring substantial care, or the other spouse was convicted of or received deferred adjudication for family violence within two years of the divorce filing.
Duration and Amount Limits
Texas law caps court-ordered spousal maintenance based on the length of the marriage. For marriages of 10 to 20 years, maintenance is limited to 5 years. For marriages of 20 to 30 years, the limit is 7 years. For marriages of 30 years or longer, the limit is 10 years. The amount is capped at $5,000 per month or 20% of the paying spouse's average monthly gross income, whichever is less. These limits do not apply to contractual alimony, which is why skilled negotiation during the divorce settlement is so important.
Factors Courts Consider
When determining the amount and duration of court-ordered maintenance, Harris County judges consider each spouse's financial resources and earning ability, the education and employment skills of the requesting spouse, the length of the marriage, the requesting spouse's age and health, any history of family violence, contributions as a homemaker, and whether either spouse dissipated community assets. An experienced Houston alimony attorney can present these factors persuasively to maximize your maintenance award.
Modification and Termination
Court-ordered spousal maintenance can be modified if there is a material and substantial change in circumstances. Maintenance automatically terminates if the receiving spouse remarries, cohabitates with a romantic partner, or either party dies. Contractual alimony terms depend on what was negotiated — which is another reason why having skilled legal representation during your divorce is essential.
Tax Implications
Since the Tax Cuts and Jobs Act of 2017 (for divorces finalized after December 31, 2018), alimony payments are no longer tax-deductible for the payer and are not taxable income for the recipient. This change has significant implications for divorce negotiations, particularly in high-income cases where the tax treatment of support payments was historically a major negotiating point.
How Attorney Terisa Taylor Protects Your Interests
Whether you are seeking spousal maintenance or defending against a request, attorney Terisa Taylor brings strategic thinking and thorough preparation to every case. She understands how to leverage the distinction between court-ordered maintenance and contractual alimony to achieve the best possible financial outcome. In high-asset cases, she works with financial experts to model different scenarios and identify the most advantageous approach.
Get Expert Legal Guidance
If you are facing a divorce in Houston and have questions about spousal maintenance or alimony, contact the Law Office of Terisa Taylor, P.C. for a free consultation. We serve clients throughout Houston, The Woodlands, Memorial, River Oaks, Sugar Land, and the greater Harris County area.