Texas Spousal maintenance: How Much and How Long?
Spousal maintenance in Texas isn't automatic. Courts consider multiple factors including the length of your marriage, each spouse's income and earning capacity, and the standard of living during the marriage. Here's what you need to know.
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Talk to AI AdvisorTypes of Spousal maintenance
Temporary Spousal maintenance
Ordered during the divorce process. Designed to maintain the status quo while the case is pending. Ends when the divorce is finalized and a permanent order is set.
Rehabilitative
Short-to-medium term support to help the lower-earning spouse get education, training, or work experience to become self-supporting. The most commonly awarded type.
Long-term / Permanent
For long marriages where one spouse cannot become self-supporting due to age, health, or long career absence. Less common after recent reforms in many states.
Lump Sum
A one-time payment instead of ongoing monthly payments. Sometimes preferred to create a clean break. Cannot be modified after payment.
Factors Courts Consider in Texas
- ✓Length of the marriage (longer marriages = stronger case for support)
- ✓Each spouse's income and earning capacity
- ✓Standard of living during the marriage
- ✓Age and health of both spouses
- ✓Education, skills, and employability of the requesting spouse
- ✓Time needed for education/training to become self-supporting
- ✓Contributions to the marriage (including homemaking and childcare)
- ✓Each spouse's financial resources and assets after property division
- ✓Marital misconduct (in states that consider fault)
- ✓Tax consequences of support payments
When Spousal maintenance Ends
- ✓The supported spouse remarries
- ✓Either spouse dies
- ✓The court-ordered end date is reached
- ✓A court modifies or terminates based on changed circumstances
- ✓The supported spouse cohabits with a new partner (in many states)
- ✓The supporting spouse retires (may trigger modification)
Every situation is different
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Legal Disclaimer: This article covers Texas divorce law for general informational purposes only and does not constitute legal advice. Laws change frequently. Always consult a licensed Texas family law attorney for advice specific to your situation.