Spousal support and alimony lawyer in Dallas

Who qualifies for spousal maintenance in Texas

Texas has post-divorce spousal support, called maintenance, but it is narrower than in many states. Under Texas Family Code § 8.051, the spouse asking for it must first show that he or she will lack enough property, including separate property, to meet minimum reasonable needs after the divorce. Then one of four grounds must apply:

• The marriage lasted 10 years or longer and the spouse cannot earn enough income to meet minimum reasonable needs.
• The spouse cannot earn enough because of an incapacitating physical or mental disability.
• The spouse is the custodian of a child of the marriage, of any age, whose physical or mental disability requires care that keeps the spouse from earning enough.
• The other spouse was convicted of, or received deferred adjudication for, family violence during the marriage against the spouse or the spouse's child within two years before the divorce was filed or while it is pending.

On the 10-year ground, Texas Family Code § 8.053 adds a presumption that maintenance is not warranted unless the spouse asking has made diligent efforts to earn income or develop the skills to do so while the parties are separated and the divorce is pending. That presumption can be rebutted with evidence.

Spouses can also agree to support that the statute would not require. That is contractual alimony, covered below.

How much maintenance a court can order, and for how long

A Texas court cannot order more than the lesser of $5,000 a month or 20% of the paying spouse's average monthly gross income (Texas Family Code § 8.055). Gross income here includes wages, bonuses, self-employment income, interest, dividends and rental income. It excludes Social Security, SSI, VA service-connected disability and workers' compensation benefits.

Duration is capped by the length of the marriage under § 8.054:

• Married less than 10 years (family violence ground) or 10 to 20 years: up to 5 years
• Married 20 to 30 years: up to 7 years
• Married 30 years or more: up to 10 years
• Disability of the spouse or care of a disabled child: may continue as long as the condition continues

Within those limits, the court must choose the shortest reasonable period that lets the spouse earn enough to meet minimum reasonable needs, unless a disability, care of an infant or young child, or another compelling reason prevents it. The judge weighs the factors in § 8.052: each spouse's resources, education and job skills, the length of the marriage, age and health, homemaker contributions, help with the other spouse's education or career, and marital misconduct.

Stay-at-home parents, long gaps from work and disability

A stay-at-home parent can qualify, but staying home is not a ground by itself. The usual route is the 10-year ground: a long marriage, too little property to meet minimum needs, and no realistic ability to earn enough right away. Years spent raising children and supporting the other spouse's career are factors the court weighs in setting amount and duration.

A disability changes the analysis. A spouse with an incapacitating physical or mental disability can qualify regardless of how long the marriage lasted, and maintenance may continue as long as the disability does. Medical records and evidence of what the spouse can and cannot do are the core of that case.

Property division often matters as much as maintenance. Texas divides community property in a way the court considers just and right, and a larger share of the community estate is one way a court accounts for the gap in earning power (see property division).

Temporary support while the divorce is pending

Yes, a court can order temporary spousal support during the divorce. Texas Family Code § 6.502 lets the judge make temporary orders for support of a spouse, exclusive use of the house, limits on spending and payment of attorney's fees, and in practice these orders often say who pays which bills, after a hearing that usually takes place early in the case.

Temporary support is different from post-divorce maintenance. The chapter 8 grounds, the $5,000 or 20% cap and the duration limits do not apply to it. The judge looks at one spouse's need and the other's ability to pay while the case is open, and the order ends when the divorce is final. See divorce for how temporary orders fit the process.

Contractual alimony and how John helps

Spouses can agree to alimony even when a court could not order maintenance. Contractual alimony can exceed the statutory cap, last longer, be paid as a lump sum, or end on events the spouses choose. Court-ordered maintenance, by contrast, is defined in Texas Family Code § 8.001 as periodic payments from future income, so a lump sum is something the spouses negotiate, often as part of the property settlement.

John B. Polk has practiced family law in Dallas for more than 25 years and represents women and men. In high-income and business-owner divorces he works with forensic accountants, CPAs, tax advisors and financial planners to measure real income and real needs. Support is often resolved through negotiation, mediation or collaborative law, and John prepares each case as if it will go to trial.