If you are currently going through a divorce, you already know that spousal maintenance in Texas is anything but trivial. Whether you are worried about receiving support or searching for how to avoid paying alimony to spouse in Texas, the financial stakes are significant. The possibility of not being able to support yourself or your household can feel overwhelming, while the prospect of being ordered to pay support can create just as much anxiety. With rising costs and wages that often fail to keep pace, financial uncertainty can quickly turn an already difficult divorce into an even more stressful and high-stakes situation.
This is one reason why some people choose to remain in failing marriages. The idea is that the failing marriage may be unpleasant, but it is less unpleasant than suffering financial instability. Avoiding your spouse is easier than avoiding a bill collector. However, this is not a great long-term plan. Even if you are putting off the divorce, you will have to deal with the problems in your marriage sooner or later.
Today’s blog post from the Law Office of Bryan Fagan focuses on a topic that is interesting, if not frustrating. Namely, what to do when your spouse stops working to avoid paying spousal maintenance. This is a subject that is not only relevant to many Texans but is also legally complex.
What can your spouse do to challenge your request for alimony?
If you are asking for spousal maintenance, expect your spouse to look closely at your finances. One of the first things they may challenge is whether you truly need support under Texas law. That is why it is so important to understand your own numbers before stepping into negotiations or a courtroom.
Start with a realistic household budget. Not a rough guess, but a detailed breakdown of your monthly income and expenses. A budget is not about restricting yourself. It is about showing clearly what you actually need to cover housing, utilities, food, transportation, insurance, and other basic living costs. Many people feel financial pressure without ever sitting down to see where their money is really going.
Under Texas Family Code Chapter 8, you must prove that you lack sufficient property, including the community property awarded to you in the divorce, to meet your minimum reasonable needs. Your spouse may argue that the property division gives you enough assets to support yourself. They may also argue that you have the ability to earn more income than you currently are. The clearer and more organized your financial documentation is, the stronger your position will be if your request for maintenance is challenged.
Community property is a way for you to pay your bills
Getting divorced means dividing community property. This generally includes property acquired during the marriage, with some exceptions for separate property. Under Texas Family Code § 7.001, courts must divide community property in a “just and right” manner, which does not necessarily mean equal.
Courts may consider factors such as disparity in earning capacity, education, business opportunities, physical condition, fault in the breakup of the marriage, and future financial needs.
For example, if you are disabled, have limited education, or have significantly less earning capacity than your spouse, a court may award you a disproportionate share of the community estate. A spouse who has an advanced degree, stable career, and higher earning potential may receive less property in order to achieve fairness.
If you supported your spouse while he or she obtained a professional degree, that may also be considered in the division of property. While a degree itself is not divisible property in Texas, the circumstances surrounding its acquisition may impact the court’s equitable division analysis.
Arguments against spousal maintenance or contractual alimony
When people talk about alimony in Texas, they are usually referring to one of two very different things:
• Court-ordered spousal maintenance under Texas Family Code Chapter 8
• Contractual alimony that both spouses voluntarily agree to in a settlement
Contractual alimony is exactly what it sounds like. It is based on agreement, not a judge’s order. The amount, duration, and terms are negotiated by the parties, and it is enforced like any other contract. Unless the agreement specifically allows modification, the court generally cannot change it later.
Court-ordered spousal maintenance is a different story. It is limited and strictly controlled by statute. A judge cannot award it simply because one spouse asks for it or because there is a difference in income. The spouse requesting maintenance must first prove that they lack sufficient property, including what they receive in the divorce, to meet their minimum reasonable needs. Then, they must also prove that at least one of the following legal grounds applies:
• The marriage lasted at least 10 years and they lack the ability to earn sufficient income to meet minimum reasonable needs
• The paying spouse was convicted of or received deferred adjudication for family violence within two years before filing or during the divorce
• They have an incapacitating physical or mental disability
• They are caring for a child of the marriage with a physical or mental disability that prevents them from working
Even then, maintenance is not automatic. In most cases, the court must also find that the requesting spouse made diligent efforts to earn income or develop job skills. Simply being married for 10 years does not guarantee support. Texas law sets a high bar, and the burden is on the spouse asking for maintenance to clear it.
Why your spouse may push back against contractual alimony during negotiations
When contractual alimony is on the table, it is common for the paying spouse to argue that they simply cannot afford it. Even though contractual alimony is based on agreement rather than a court order, financial reality still drives negotiations. A spouse may claim that after paying child support, covering debt, and meeting their own reasonable monthly expenses, there is little or nothing left to contribute toward additional support. While contractual alimony is flexible, both sides typically examine income, monthly obligations, and long-term financial sustainability before agreeing to terms.
It is also important to understand how this differs from court-ordered spousal maintenance. Under Texas law, court-ordered maintenance is capped at the lesser of $5,000 per month or 20 percent of the paying spouse’s average monthly gross income. A court cannot exceed that statutory limit. However, this cap does not apply to contractual alimony. If both parties voluntarily agree, they may structure payments in an amount or duration that exceeds what a judge could order under Chapter 8 of the Texas Family Code. That flexibility can be useful in settlement negotiations, but it also explains why a spouse may strongly resist agreeing to terms that go beyond what the law would otherwise require.
When spousal maintenance is not an option
Spousal maintenance is not available in every case. Even in long-term marriages, a spouse who can meet minimum reasonable needs without maintenance will not qualify.
If maintenance is unavailable, seeking a disproportionate share of community property may be appropriate. Courts may consider lack of separate property, earning disparity, health, education, and future employability when dividing assets.
Preparing a detailed inventory and appraisement is essential. Understanding what is community property, what is separate property, and the value of each asset positions you for stronger negotiations.
What about prenuptial or marital property agreements?
Premarital agreements and postmarital (marital property) agreements are recognized under Texas Family Code Chapters 4 and 4A. These agreements can:
• Define separate and community property
• Address division of property upon divorce
• Include provisions regarding spousal maintenance
Such agreements must meet statutory requirements to be enforceable, including voluntary execution and proper disclosure. Being represented by counsel during negotiation of these agreements is strongly recommended.
Mediation as a means to help with spousal support
Mediation is commonly used in Texas divorce cases. Many Texas courts require mediation before trial, and some courts also require mediation before certain hearings. Requirements vary by county and judge. Mediation allows spouses to negotiate contractual alimony and property division in a private setting. If mediation results in a signed mediated settlement agreement that meets statutory requirements, it is typically binding. If no agreement is reached, the court may decide issues of spousal maintenance at trial.
When can spousal maintenance be modified?
If you have been ordered to pay spousal maintenance, it is natural to wonder how long it will last and whether it can ever change. Court-ordered spousal maintenance in Texas is not automatically permanent. It may be modified if there has been a material and substantial change in circumstances of either party since the original order was signed. A significant job loss, serious illness, disability, or major shift in income may justify a reduction. However, a court cannot increase maintenance beyond the statutory cap.
Texas law also places clear limits on how long maintenance can last. In most cases, the duration depends on the length of the marriage, unless a disability exception applies.
Statutory limits on the duration of spousal maintenance in Texas
Here is a breakdown of the statutory maximum durations under Texas Family Code § 8.054:
| Length of Marriage | Maximum Duration of Maintenance |
|---|---|
| 10–20 years | Up to 5 years |
| 20–30 years | Up to 7 years |
| 30+ years | Up to 10 years |
| Disability of spouse or child | Potentially indefinite, subject to periodic court review |
Amount limits and automatic termination rules for spousal maintenance in Texas
In addition to strict duration limits, Texas law also caps the amount of court-ordered spousal maintenance at the lesser of $5,000 per month or 20 percent of the paying spouse’s average monthly gross income. These financial limits reinforce the overall purpose of maintenance under Texas Family Code Chapter 8. It is not meant to be open-ended or punitive. Instead, it is structured, limited support designed to help a qualifying spouse meet minimum reasonable needs while working toward greater financial independence.
Texas law also clearly defines when maintenance must end. It automatically terminates if the receiving spouse remarries. It may also be terminated if the recipient cohabits with another person in a permanent romantic relationship in a continuing household. Additionally, maintenance ends upon the death of either party. Together, these rules show that spousal maintenance in Texas is intended to be temporary and carefully regulated rather than indefinite support.
Can your ex-spouse quit their job to avoid paying alimony?
A spouse cannot avoid maintenance simply by voluntarily quitting a job. If a court finds that a paying spouse is intentionally unemployed or underemployed to avoid support obligations, the court may impute income based on earning capacity rather than actual income. Courts examine employment history, education, skills, job opportunities, and intent. Voluntary underemployment will not automatically justify reducing or terminating maintenance.
In conclusion, spousal maintenance in Texas plays a limited but important role in certain divorce cases. The law focuses on ensuring that a qualifying spouse can meet minimum reasonable needs, while also limiting duration and amount. Understanding eligibility requirements, statutory caps, and modification rules is essential for both paying and receiving spouses.
What do you need to know in preparation for an alimony case?
It is stressful to be in a position where you need financial assistance after a divorce. The divorce itself costs money, which we have not even discussed today. These costs begin to add up over time. You may also need to find suitable employment for yourself after the case comes to an end. However, this does not mean that you have no options. Finding an experienced family law attorney to help you with your journey is helpful. The attorneys with the Law Office of Bryan Fagan are here to help.
Our attorneys do not sit back and let our paralegals do the work for us. We work on cases closely and take a specific interest in each case. With our level of experience, it is no wonder that we can achieve favorable results for our clients in court and negotiations. Thank you for joining us today here on our blog. We post unique and informative blogs each day of the week. When you have questions about the world of Texas family law it is time to seek out answers. The Law Office of Bryan Fagan is here for you and your family.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
The attorneys with the Law Office of Bryan Fagan offer free of charge consultations six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law. Before signing a document or negotiating on a subject you do not know well, contact our office. We look forward to the opportunity of serving you during an important part of your life. The Law Office of Bryan Fagan is on your side.
FAQs: About Alimony in Texas
No. A court can impute income if it finds that a spouse is intentionally unemployed or underemployed to avoid paying support. Judges look at employment history, education, job skills, and earning potential when making this determination. Voluntarily quitting a job does not automatically reduce or eliminate a maintenance obligation.
The length of maintenance depends on the duration of the marriage and specific circumstances. In most cases, it ranges from 5 to 10 years, depending on how long the marriage lasted. In disability-related cases, maintenance may continue longer but remains subject to court review.
Under Texas law, court-ordered maintenance is capped at the lesser of $5,000 per month or 20 percent of the paying spouse’s average monthly gross income. A judge cannot exceed this statutory limit. However, contractual alimony agreed upon by the parties is not subject to this cap.
Yes, but only for court-ordered maintenance and only if there has been a material and substantial change in circumstances. This could include a significant change in income, job loss, or disability. The court can reduce or terminate maintenance, but it cannot increase it beyond the legal cap.
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