Typically, no. Alimony, which is referred to as spousal maintenance in Texas, is only awarded under specific circumstances.
An Example Situation for Spousal Maintenance
One situation that spousal maintenance might be awarded is in that which one spouse has been out of the workforce for a significant amount of time because he or she was raising the children. Before they can return to work, they may need certain education or training, during which time they may be awarded spousal maintenance to help facilitate their transition back into the workforce.
Spousal maintenance is awarded in a very limited number of circumstances:
If the parties were married for 10 years or more AND the person requesting spousal maintenance does not have enough money to take care of themselves AND he or she is unable to find employment because of one of the following reasons:
- The person is disabled; OR
- The person clearly lacks the ability to earn enough money to meet their minimum reasonable needs; OR
- The person is responsible to care for a child with special needs.
Another scenario in which spousal maintenance might be awarded is if the other spouse is on probation for committing a crime of family violence, or has pled guilty to a crime relating to family violence within 2 years of the divorce.
There is a maximum of 3 years imposed on spousal maintenance payments unless the person receiving support payments is disabled, in which case the payments may continue until the disability ceases.
The maximum amount allowed for spousal maintenance is either:
- $2,500 per month; OR
- 20% of the average monthly gross income of the person paying spousal maintenance.
Spousal maintenance may also be awarded by agreement, which is referred to as contractual spousal maintenance or contractual alimony. This type of spousal maintenance is not limited in time or amount of payments.
It’s important to note that spousal maintenance, whether it’s contractual or court ordered, is typically considered taxable income for the person receiving the payments and tax deductible for the spouse who makes the payments. You should get advice from an accountant or tax advisor to determine exactly how such payments would impact you personally.
