What Factors Impact the Calculation of Spousal Support After Divorce?
May 13, 2025
Spousal maintenance, also known as spousal support or alimony in other jurisdictions, is financial assistance paid by one spouse to another after a divorce. In Texas, spousal support laws are more restrictive than in many other states.
Reviewing the factors involved in how spousal support is calculated in Texas, including eligibility requirements, duration, amount, and the court’s discretion in awarding, is imperative for those going through the divorce process.
At The Law Office of Aaron Fonseca, PLLC in McAllen, Texas, I provide personalized guidance to make sure that you fully understand your rights and options. Whether you're seeking spousal support or responding to a request, I'm here to advocate for your best interests and help you achieve a fair resolution.
What Determines Eligibility for Spousal Maintenance?
Texas courts start with the presumption against awarding spousal maintenance. To be eligible, the spouse seeking maintenance must meet specific statutory requirements outlined in the Texas Family Code §8.051.
A spouse must demonstrate an inability to meet their minimum reasonable needs and meet one of the following conditions:
Ten-year marriage rule: The marriage lasted at least 10 years, and the spouse seeking maintenance lacks the ability to earn sufficient income to provide for their minimum reasonable needs.
Family violence: The paying spouse was convicted of or received deferred adjudication for an act of family violence against the other spouse or their child within two years before the divorce filing or during the divorce proceedings.
Disability of spouse: The requesting spouse is physically or mentally disabled and unable to support themselves.
Custodian of a disabled child: The spouse seeking support is the custodian of a disabled child of the marriage, which prevents them from earning enough to meet basic needs.
If none of these criteria are met, the court can’t award maintenance, regardless of financial disparity.
Factors Courts Consider When Awarding Maintenance
If a spouse qualifies for maintenance, the court must determine the appropriate amount and duration of support. Texas Family Code §8.052 outlines several factors that the court considers in making this decision. Reaching out to a family law attorney like myself will make understanding these factors easier.
These factors include each spouse’s ability to provide for their own needs, their education and employment skills, and the time required to obtain sufficient training or education.
The court also evaluates the duration of the marriage, the age, employment history, earning ability, and health of the requesting spouse, as well as the property and assets each spouse receives in the divorce.
Additionally, contributions as a homemaker, marital misconduct such as adultery or cruel treatment, and the efforts of the spouse seeking support to find employment or develop job skills are taken into account.
While the court has broad discretion in awarding maintenance, it must adhere to statutory guidelines regarding the amount and duration of support.
How Spousal Maintenance Is Calculated in Texas
Texas imposes strict caps on both the amount and duration of spousal maintenance. According to Texas Family Code §8.055, the maximum amount a court can award is the lesser of:
$5,000 per month, or
20% of the paying spouse’s average gross monthly income
This includes income from all sources—wages, salary, commissions, bonuses, rental income, retirement benefits, etc.
For example, if a paying spouse earns $8,000/month:
20% of $8,000 = $1,600
Since $1,600 is less than $5,000, the maximum monthly support is $1,600
Under §8.055, "gross income" includes all sources of earnings that may be considered when determining spousal maintenance. This encompasses salary and wages, as well as additional compensation such as bonuses and commissions. Investment-related income, including dividends, interest, and capital gains, is also factored in.
Retirement benefits, such as Social Security and pensions, contribute to the calculation, along with self-employment income and rental income. These various sources help the court assess a spouse’s financial capacity when determining maintenance obligations.
Excluded from gross income are specific financial sources that don’t reflect actual earnings. These include the return of principal or capital, which represents a reimbursement rather than income. Accounts receivable, if not yet collected, are also excluded since they don’t constitute realized income.
Additionally, certain public assistance benefits aren’t considered part of gross income for spousal maintenance calculations. As an experienced family law attorney, I can help clarify how these exclusions may impact your specific case and make sure that all factors are properly considered in the determination of spousal support.
Duration of Spousal Maintenance
Texas law limits how long spousal maintenance can last based on the length of the marriage and the specific eligibility grounds. Some common examples include:
Up to 5 years
Marriage lasted less than 10 years, but support is awarded due to family violence, or
Marriage lasted 10 to 20 years
Up to 7 years
Marriage lasted 20 to 30 years
Up to 10 years
Marriage lasted 30 years or more
Indefinite duration
The spouse is physically or mentally disabled, or
They care for a disabled child that prevents employment
Courts are instructed to order maintenance for the shortest reasonable period necessary for the recipient to become self-supporting unless disability or child care prevents it.
Modifying or Terminating Maintenance
Spousal maintenance can be modified if there is a material and substantial change in circumstances of either party.
Common triggers for modification include a significant change in income, such as job loss or a promotion, the remarriage of the recipient, or the recipient cohabiting with a romantic partner.
Additionally, under Texas Family Code §8.056, maintenance automatically terminates if the recipient remarries, either party dies, or the recipient cohabits with a romantic partner in a dating relationship in a permanent residence
Contractual Alimony vs. Court-Ordered Maintenance
In Texas, spousal support can take two primary forms: contractual alimony and court-ordered maintenance, each with distinct legal implications.
Contractual alimony: This is voluntary and based on an agreement between the parties. It may exceed statutory caps or last longer than what the court could order. It’s enforceable like a contract rather than a court order.
Court-ordered maintenance: This is mandatory and enforced through the court. It’s subject to the 20%/$5,000 cap, eligibility rules, and duration limits.
Recognizing the differences between these options is crucial for spouses negotiating financial support after divorce.
Enforcing Spousal Maintenance Orders
Failure to pay court-ordered spousal maintenance can lead to serious legal consequences, including wage garnishment, contempt of court, fines, and even possible jail time.
In contrast, enforcing contractual alimony generally requires a separate civil action for breach of contract unless the agreement was incorporated into the divorce decree.
These enforcement mechanisms verify compliance with financial obligations following a divorce.
Practical Tips for Seeking or Opposing Maintenance
When traversing the challenges of spousal maintenance, whether you're seeking support or opposing it, there are practical steps you can take to strengthen your case.
For the spouse seeking support, it’s essential to demonstrate a clear financial need and an inability to support yourself, backed by evidence of efforts to become self-supporting, such as job applications or school enrollment.
Preparing a budget that outlines your minimum reasonable needs and highlighting your contributions to the marriage—particularly if you served as a homemaker—can further bolster your position.
Conversely, for the paying spouse, emphasizing the other spouse’s earning potential and challenging claims of disability or inability to work without medical evidence can be effective strategies.
Additionally, arguing for the shortest possible duration of support if it’s ordered or negotiating contractual alimony instead of court-ordered maintenance may align better with your goals.
By tailoring your approach to your specific role in the process, you can advocate more effectively for your desired outcome.
Reach Out to a Family Law Attorney
Whether you’re pursuing or defending against a claim, consulting with a family law attorney like me, Attorney Aaron Fonseca, is essential to working through this intricate process effectively. I serve clients in McAllen, Cameron County, Starr County, and Willacy County, Texas. Contact me today to schedule a consultation.