Spousal Support and Alimony in Texas

When a marriage ends, the transition from a shared household to two separate lives is often a financial shock. Whether you have been the primary breadwinner or have dedicated years to managing the home and raising children, the division of income and assets is one of the most contentious aspects of a Texas divorce.

At Russell A. “Chip” Pelley, P.C., we understand that financial stability is the foundation upon which you will build your new life. Our firm provides expert guidance on Spousal Support (often referred to as alimony), helping clients in Plano, Sherman, and across North Texas achieve fair and sustainable outcomes that reflect their contributions to the marriage.

In Texas, "alimony" is not a one-size-fits-all term. There are two primary ways a spouse may receive ongoing financial support after a divorce:

1. Court-Ordered Spousal Maintenance

This is support mandated by a judge under the Texas Family Code. Texas law is notoriously conservative regarding court-ordered support. To qualify, the spouse seeking support must generally prove they lack sufficient property to provide for their "minimum reasonable needs." Additionally, one of the following must apply:

• The 10-Year Rule: The marriage lasted 10 years or longer, and the seeking spouse lacks the ability to earn sufficient income.
• Family Violence: The other spouse was convicted of or received deferred adjudication for a family violence offense within two years of the divorce filing.
• Disability: The seeking spouse has a physical or mental disability that prevents them from being self-supporting.
• Child with a Disability: The spouse is the custodian of a child from the marriage who requires substantial care and personal supervision because of a physical or mental disability, preventing the spouse from earning sufficient income.

2. Contractual Alimony

This is support that both parties agree to as part of their final divorce settlement. Unlike court-ordered maintenance, contractual alimony is not bound by the strict "minimum reasonable needs" or "10-year" rules. It is often used as a strategic tool in property division negotiations, sometimes offering tax advantages or balancing out the division of complex assets like retirement accounts or real estate.

If a court determines that a spouse is eligible for maintenance, it must then decide how much support is "reasonable" and how long it should last. The Texas Family Code provides a list of factors the court considers, including:

• The financial resources of each spouse.
• The education and employment skills of the spouses.
• The duration of the marriage.
• The age, employment history, and physical/emotional condition of the spouse seeking maintenance.
• Acts of adultery or cruel treatment by either spouse during the marriage.
• Contributions by one spouse to the education or increased earning power of the other.

Note on Limits: In Texas, court-ordered spousal maintenance is generally capped at the lesser of $5,000 per month or 20% of the payor’s average monthly gross income.

Whether you are seeking support to get back on your feet or are being asked to pay support to a former spouse, the stakes are incredibly high. Without a skilled attorney, you risk an arrangement that is either insufficient for your needs or unfairly burdensome to your future income.

If You are the Spouse Seeking Support:

We help you document your "minimum reasonable needs" with precision. We gather evidence of your living expenses, healthcare costs, and the time required to gain the skills necessary for employment. We advocate for a duration and amount that allows you to transition into independence with dignity.

If You are the Spouse Being Asked to Pay:

We ensure that the court receives an accurate picture of your financial obligations. We work to prevent overreaching requests and ensure that any support ordered is strictly compliant with Texas guidelines. We also investigate whether the seeking spouse has made a "diligent effort" to earn sufficient income or gain necessary skills.

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Life changes, and sometimes the orders of the court must change with it.

• Modifications: If the circumstances of either party change materially and substantially (such as a job loss or a significant medical emergency), we can petition the court to decrease or terminate maintenance payments.

Enforcements: If your ex-spouse has been ordered to pay support and has failed to do so, we provide aggressive representation to enforce the order, utilizing tools such as contempt of court and money judgments to ensure you receive what you are owed.

With decades of experience in the North Texas legal community, Chip Pelley knows that spousal support is rarely just about the numbers, rather it is about the life those numbers support. We combine a deep understanding of the Texas Family Code with a commitment to our clients' long-term success.

Our approach is built on:

• Financial Literacy: We work closely with financial experts when necessary to value assets and determine true income.
• Skillful Negotiation: Many of our best results are achieved at the mediation table, where we can craft creative "Contractual Alimony" solutions that a judge might not be able to order.

Vigorous Advocacy: If your case goes to trial, you will have a seasoned litigator who knows how to present a compelling financial narrative to the court.

How long will I receive spousal support? Duration is usually limited based on the length of the marriage. For example, for a marriage of 10 to 20 years, support is generally limited to 5 years. For marriages over 30 years, it can extend to 10 years. Support usually ends if the receiving spouse remarries or cohabitates with a romantic partner.

Does "fault" in the divorce affect spousal support? Yes. In Texas, a judge can consider "fault" (such as adultery or cruelty) when deciding the amount and duration of spousal maintenance.

Is spousal support tax-deductible? Under current federal tax law (for divorces finalized after December 31, 2018), spousal support payments are generally not deductible for the payor and are not considered taxable income for the recipient. However, you should always consult with a tax professional regarding your specific situation.