Spousal maintenance or alimony refers to financial support paid by one spouse to the other after their divorce or separation. In Texas, spousal maintenance is the court-ordered version of this support. Contractual alimony, on the other hand, is an agreement made between the spouses and included in the divorce settlement agreement. Because they follow distinctly different rules, the duration will also depend on which type applies in your specific situation.
When can the court order spousal maintenance?
Texas courts do not award maintenance to a requesting spouse simply because the other spouse earned more money during their marriage. A judge generally considers spousal maintenance only if the requesting spouse lacks enough property to meet basic needs and meets one of the legal grounds required by law. These grounds may include family violence, disability or a marriage of sufficient length combined with an inability to earn enough income.
How long can court-ordered spousal maintenance last?
The duration of spousal maintenance is limited under Texas law. In most cases, the court will order maintenance only for as long as the receiving spouse becomes self-supporting. The duration may differ depending on how long the marriage lasted and the case’s specifics.
For example, if your marriage lasted 30 years or more, your maintenance may last up to 10 years. However, if you had a shorter marriage (between 10 to 20 years), your maintenance may only last up to five years. In cases involving disability or caregiving for a disabled child, maintenance may last longer and can continue if the qualifying condition exists.
How does contractual alimony work?
Contractual alimony differs from court-ordered maintenance because it comes from an agreement between you and your spouse. Because contractual alimony is based on contract terms, it is often more flexible and can last longer than court-ordered maintenance. This makes it a common choice for Texas couples who want to settle their divorce issues privately and outside of court.
Can spousal maintenance end early?
Yes, it can. Spousal maintenance in Texas usually ends if the recipient remarries, either spouse passes away or the court-ordered term expires. In some situations, maintenance may also end if the receiving spouse lives with a new partner in a permanent residence on a continuing basis. However, the termination of spousal maintenance in these cases is more complex and would need to be filed in court by the paying spouse.
Because the duration of your maintenance will depend on your unique situation, the length of your marriage and whether the court orders it or you include it in your settlement agreement with your spouse, understanding the different ways maintenance can end early or last longer can help you learn what to expect and prepare for your lfe after divorce better.