Alimony in Texas

Nearly every person regardless of gender going through a divorce in Texas has questions about alimony & spousal support. The idea of spousal maintenance usually raises an eyebrow among many men going through divorce.

Tex. fam. code 8.052 outlines the laws around alimony and spousal support.

Texas Alimony Laws

There are two types of alimony in Texas

• Court-ordered spousal maintenance: A judge orders one spouse to pay the other.
• Contractual alimony: The spouses agree on how much support one will pay to the other. A judge will usually approve it if they both agree.

In Texas, alimony is not always a component of a divorce. Additionally, the amount of alimony payments is subject to certain limits.

Texas has alimony payments, but the law favors those payments decided in private contracts as part of divorce settlements. Although Texas hasn’t formally established the right to alimony for either spouse, it permits parties to mutually agree to incorporate it as a term in divorce agreements. The team will consider two factors: the inclusive factor and the determination factor.

The Alimony Inclusive Factor

In Texas, the court determines whether to award you alimony based on the “inclusive factor.” If you meet the “inclusive factor” (is alimony qualified in this case), then you move on to the “determination factor” or the ‘how much’ part.

Time – A couple must have been married for at least 10 years.

Financial – The spouse requesting alimony cannot meet their minimum reasonable needs (many times the spouse is not currently earning at least $18,000.00 a year).

You must meet both of these criteria before you move on to step two, the “determination factor.”

The Alimony Determination Factor

The determination factor depends on the amount of alimony awarded and the duration for which it should be given.

What is the Amount and Frequency of Alimony?

Frequency covers how long a person paying alimony has to pay. A court can only order alimony for a period between 0 and 36 months. It doesn’t matter whether you have been married for 10 years or 100 years.

Alimony Amount

The court caps the monthly alimony amount at $5,000 or 20% of the paying spouse’s average monthly gross income, whichever is less.

Alimony Calculator

To figure out how much you will have to pay in alimony or how much you will receive, take the payor’s spouse’s annual gross income, multiply by 0.2 (20%), then divide that by 12.  Sec. 8.055 of the Texas Family Code states

A court may not order maintenance that requires an obligor to pay monthly more than the lesser of:

(1) $5,000; or

(2) 20 percent of the spouse’s average monthly gross income.

Alimony Example

• Say the spouse makes $25,000 a year.  $25,000 times 20% is $5000, then $5000 divided by 12 is $416.  The alimony obligation would be $416.00 per month.
• Now using the same formula but a spouse earning $350,000.00.
• $350,000 times 20% is $70,000. Then $70,000 divided by 12 is $5,833.33. The monthly alimony obligation would be $5,000.00 due to the $5,000 cap on alimony.

What income does Alimony include?

Per Texas Family code, gross income:

• (1) includes:
  • (A) 100 percent of all wage and salary income and other compensation for personal services (including commissions, overtime pay, tips, and bonuses);
  • (B) interest, dividends, and royalty income;
  • (C) self-employment income;
  • (D) net rental income (defined as rent after deducting operating expenses and mortgage payments, but not including noncash items such as depreciation); and
  • (E) all other income actually being received, including severance pay, retirement benefits, pensions, trust income, annuities, capital gains, unemployment benefits, interest income from notes regardless of the source, gifts and prizes, maintenance, and alimony; and
• (2) does not include:

• • (A) return of principal or capital;
  • (B) accounts receivable;
  • (C) benefits paid in accordance with federal public assistance programs;
  • (D) benefits paid in accordance with the Temporary Assistance for Needy Families program;
  • (E) payments for foster care of a child;
  • (F) Department of Veterans Affairs service-connected disability compensation;
  • (G) supplemental security income (SSI), social security benefits, and disability benefits; or
  • (H) workers’ compensation benefits.

What Factors Determine How Courts Decide Alimony in Texas?

Though alimony or spousal support is far less common than it was a quarter of a century ago, it is still available in Texas. Who may seek alimony in the Lone Star State? What factors will the court consider when determining whether spousal support is appropriate, and when establishing the amount, frequency and duration of payments?  This article helps readers understand how Texas determines alimony.

What Is the Likelihood of an Alimony Award in Texas?

There are generally two ways to secure a grant of spousal support in Texas—by agreement with your ex-spouse (known as “contractual alimony”) or by a court order.

To compel a court to require payment of alimony, you must first show that, once you divide marital property, you cannot meet your basic needs. You must also meet one of the following criteria:

• You married for at least 10 years, but you cannot earn sufficient income to meet your basic needs, even though you have tried to earn money and develop your skills to become self-sufficient.
• You have custody of a minor child whose need for care keeps you from obtaining gainful employment
• You or your child was a victim of domestic violence by your ex within two years of the date of your divorce
• You are unable to meet your financial needs because a disability prevents you from working

As a practical matter, most alimony paid in Texas is by agreement of the parties.

When Does One Warrant Spousal Support?

The court may consider a wide range of factors when assessing the need for alimony, including, but not limited to:

• The financial resources of the party seeking alimony
• The length of the marriage
• The education and job skills of both spouses
• The party seeking alimony has the ability to pay
• The extent to which either party dissipated or wasted marital assets
• Whether the receiving party contributed to the education or earning capacity of the other spouse
• Whether there was marital infidelity or misconduct

How to Avoid Paying Alimony in Texas

In Texas, it is possible to avoid paying alimony, which can significantly affect your financial obligations and life after divorce. How can one navigate the intricate process of alimony negotiations? The key lies in proactive planning and skilled legal assistance. These factors can greatly decrease the chances of alimony or spousal maintenance payments, safeguarding your financial interests and leading to favorable outcomes.

Methods to potentially reduce or avoid alimony payments in Texas include

• Prenuptial agreements
• Negotiated divorce settlements – A negotiated divorce settlement in Texas can be reached through mediation, a process that involves a neutral third party to help both spouses communicate and negotiate. Mediation can be less stressful than court battles and often leads to mutually agreeable solutions.
• Utilizing fault grounds – In the state of Texas, grounds for a fault based divorce include:
  • Adultery.
  • Abandonment for one year or more.
  • Abuse of all types.
  • Domestic violence.
  • Felony convictions.
  • Mental incapacitation.
  • Mental or physically cruel treatment.

Arranging an alternative agreement with your spouse outside of court is considered the most effective option to avoid paying spousal support in Texas. Additionally, offering your spouse a larger portion of the community estate can be a strategy to avoid potential alimony in a Texas divorce.

Contact the Knowledgeable Texas Alimony Attorneys at Graham Family Law

At Graham Family Law, we bring more than 20 years of experience to people in San Antonio and the surrounding communities who need proven divorce and family law counsel. Our attorneys can help ensure favorable outcomes in cases involving alimony in Texas. Skilled trial attorneys like us can protect your rights before a judge and jury. The legal community also respects us for our ability to negotiate effective settlements for our clients. Call us at 210-308-6448 or contact us by email to schedule a consultation today to discuss your case.

Handling Divorce and Family Law Matters throughout San Antonio and the surrounding communities, including Bexar, Kendall, Floresville, Wilson, Atascosa, Hays, Comar and Guadalupe counties, as well as the municipalities of Saspamco, Sutherland Springs, Poth, Olmos Park, Grey Forest, Kirby, Timberwood Park, Sandy Oaks, Pleasanton, Poteet, Charlotte, Leming and Kyote