Changes to Spousal Support in Texas
One of the most significant changes affecting divorces cases in Texas relates to spousal support. The following applies to divorce cases filed on or after September 1, 2011.
"Maintenance" refers to post-divorce spousal support under Chapter 8 of the Family Code. Specifically, maintenance means an award of payments from the future income of one spouse for the support of the other spouse.
In cases involving family violence, if the spouse from whom maintenance is requested was convicted of or received deferred adjudication for an act of family violence against the other spouse or the other spouse's child, and the offense occurred within two years before the date the divorce was filed or while the suit was pending, the other spouse may be eligible for spousal maintenance.
In cases that do not involve family violence, the spouse seeking maintenance must have been married to the other spouse for 10 years or longer and lack the ability to earn sufficient income to provide for the spouse's minimum reasonable needs. A spouse is not eligible for spousal maintenance unless the spouse seeking maintenance will lack sufficient property, including the spouse's separate property, upon divorce to provide for the spouse's minimum reasonable needs.
For marriages lasting 10 years or more where a spouse is disabled, the spouse seeking maintenance has to be unable to earn sufficient income to provide for that spouse's minimum reasonable needs because of an incapacitating physical or mental disability.
Maintenance may also be awarded for marriages lasting 10 years or more where a spouse must care for a disabled child with a physical or mental disability that prevents the spouse from earning sufficient income to provide for the spouse's minimum reasonable needs. The statute previously provided that the spouse caring for the disabled child could not qualify for spousal maintenance unless that spouse could not be employed outside the home. Now, the statute directs the court to assess that spouse's income and determine whether it is sufficient to meet their minimum reasonable needs.
Changes to Duration and Amount of Support
If the spouses have been married to each other for less than 10 years and the spouse is eligible due to family violence, the spouse may receive maintenance up to 5 years.
If the spouses were married to each other for at least 10 years but not more than 20 years, the spouse may receive maintenance up to 5 years.
If the spouses were married to each other for at least 20 years but not more than 30 years, the spouse may receive maintenance up to 7 years.
If the spouses were married to each other for 30 years or more, the spouse seeking maintenance may receive maintenance up to 10 years.
The court is to keep the maintenance order to the shortest reasonable period that allows the asking spouse to earn "sufficient income" to provide for their minimum reasonable needs. However, the above periods can be extended if the receiving spouse's ability to provide for their minimum reasonable needs is substantially or totally diminished because of a physical or mental disability, or because the spouse is the custodian of an infant or young child of the marriage, or another compelling impediment that hinders them from earning "sufficient income" to meet the spouse's minimum reasonable needs.
The maximum amount of monthly maintenance has increased to $5,000.00 or 20% of the paying spouse's gross earnings, whichever is less. "Gross income" is defined in a manner similar to calculating monthly child support.