Spousal Maintenance

In 1995, the Texas legislature adopted a spousal maintenance statute. This chapter was expanded in 2011 to increase payments to the party receiving spousal maintenance. This chapter of the Family Code authorized post-divorce alimony in Texas under certain circumstances. With some minor exceptions, the basic requirements are that the party seeking maintenance must have been married ten years and be unable to be self-supporting. The monthly alimony payment is limited to no more than $5,000 or 20% of the payor’s average monthly gross income, whichever is less. The length of the payment depends on the length of the marriage, but basically ranges from five to ten years. However, if the former spouse is physically or mentally disabled or is the custodian of a child of the marriage of any age who has a physical or mental disability, payments may be extended for as long as the disability continues. The statute now provides for wage-withholding orders for the collection of spousal maintenance.