Spousal Maintenance in Texas

 

The award of spousal maintenance, and the amount and duration of maintenance is determined on a case-by-case basis.  Unless the parties agree otherwise, the party seeking spousal maintenance must be eligible for maintenance pursuant to the Texas Family Code. While an argument for the award of spousal maintenance is more complex, Texas Family Code § 8, states that a court may not order spousal maintenance that requires an obligor to pay more than the lesser of:

• $5,000; or
• 20% of the spouse’s average monthly gross income.

The court will determine how long spousal maintenance can be awarded and paid from one spouse to another.  Please note that the calculation above is the maximum that a court can award and that it is not uncommon for courts to award less based on the proven minimum reasonable needs of the spouse requesting support.  There are many other factors the court may consider when awarding spousal maintenance.

Contact us to learn more about spousal maintenance in Texas and to discuss your options as it relates to your legal matter.