Divorce is rarely simple, and when one spouse has been financially dependent on the other, the issue of spousal maintenance—also known as alimony—often becomes a critical part of the conversation. Spousal support is not automatically awarded in Texas. Instead, there are specific requirements which must be met under state law, and the judges in League City and Galveston enforce these guidelines prudently to determine whether assistance is necessary.
If you are looking for a divorce in Southeast Texas, understanding how spousal maintenance works can assist in guarding your financial rights. Here, we will outline who may qualify, the grounds on which payments are determined, and why it is important to have local experience from an experienced divorce attorney.
What Is Spousal Maintenance?
Spousal maintenance refers to court-ordered financial support from one former spouse to another following divorce. Unlike mandatory and state-formula driven child support, spousal maintenance in Texas is discretionary. It’s intended to allow the receiving spouse to become self-supporting when there’s a proven need.
In League City and Galveston, divorce courts hear these requests on a case-by-case basis, ensuring any support awarded meets the legal requirements.
Who Qualifies for Spousal Maintenance in Texas
To be eligible for court-ordered maintenance in Texas, which is strictly need-based, one of the following conditions must apply:
- The marriage lasted 10 years or more, and the requesting spouse lacks sufficient income to meet their minimum reasonable needs.
- The paying spouse was convicted of family violence against the other spouse or child within two years of the divorce filing.
- The requesting spouse has a physical or mental disability that prevents them from earning sufficient income.
- The requesting spouse is the custodian of a child with a disability that requires substantial care, making it difficult to work.
Even if these conditions are met, the court will still evaluate whether the requesting spouse has made efforts to become self-sufficient through employment or education.
How Is Spousal Maintenance Determined
Judges in League City, Galveston, and throughout Texas consider multiple legal and personal factors when calculating the amount and duration of spousal maintenance. These include:
- Each spouse’s ability to provide for their own needs
- Education and employment skills
- Duration of the marriage
- Age, health, and work history of both spouses
- Contributions to the marriage, including homemaking or supporting a spouse’s education
- Marital misconduct or family violence
The law limits payments to either $5,000 per month or 20% of the paying spouse’s gross income, whichever is less. Duration is also capped based on how long the marriage lasted—typically 5, 7, or 10 years depending on whether the marriage lasted 10–30 years or more.
Can Spousal Maintenance Be Modified?
Yes. Once the court orders spousal maintenance, the amount or duration can be modified if either party experiences a substantial change in circumstances. For example, if the paying spouse unexpectedly loses a job or the receiving spouse becomes employed, the order may be adjusted.
However, any changes must be requested and approved by the court. Private agreements between spouses aren’t enforceable unless formalized by a judge.
What Happens If One Spouse Doesn’t Pay
Failure to pay court-ordered spousal maintenance is a serious and enforceable legal issue. In Galveston and League City, enforcement options may include:
- Wage garnishment
- Contempt proceedings
- Property liens or bank levies
If you’re not receiving the payments you’re entitled to, a skilled divorce attorney can help you pursue enforcement actions through the appropriate legal channels.
Why Local Experience Matters in League City and Galveston
Although the law applies uniformly across Texas, local judges may have different interpretations of “minimum reasonable needs” or may weigh certain factors more heavily. That’s why working with a divorce attorney familiar with League City and Galveston courts is so important. A lawyer who knows the tendencies of local family court judges can better anticipate challenges and tailor your case strategy accordingly.
Speak With a Divorce Attorney Today
Spousal maintenance can have a long-term and significant impact on your financial stability after divorce. Whether you are seeking support or being asked to pay it, it’s important to understand your rights and responsibilities under Texas law.
The Law Offices of Tad Nelson & Associates is here to guide you through every step of your divorce, including spousal maintenance and related financial matters. Our team has deep experience handling complex family law cases in League City and Galveston, and we’re ready to protect your best interests.
Call us today at 281-280-0100 or contact us online