Divorce: Can I get alimony? spousal support in texas 2022

 For alimony to be awarded in Texas, the marriage must have lasted at least ten years, and the obligee (person requesting support) must be unable to earn enough to cover basic needs.  

Can you get alimony after 2 years of marriage? 

Likely Not!  

See below the Length of the Marriage required to receive Standard Alimony in Texas

 How Long Does Alimony Last in Texas?

Less than 10 years - 0 years of support

10 years or more but less than 20 years - 5 years of support 

20 years or more but less than 30 years - 7 years of support

30 years or more - 10 years of support

The Texas Maintenance Calculator will indicate if the maximum maintenance amount has been capped at $5,000.  The Calculator is Capped at $300,000 a year in annual income.

 Spousal support in Texas for 2021

 You may have a more difficult time qualifying than you think. 

Spousal Maintenance Texas Family Code - Here is a Breakdown. 

Support will only be awarded if the requesting spouse did not have enough property at the time of the divorce to meet basic needs, and one of the following circumstances exists: 

• the supporting spouse was convicted of an act of family violence against the other spouse or the couple's children within two years of the divorce filing, or while the divorce is pending

• the spouse seeking maintenance is unable to earn enough income to be self-supporting due to an incapacitating physical or mental disability

• the couple has been married for at least ten years, and the dependent spouse lacks the ability to earn income to meet basic needs, or

• the supported spouse is a custodial parent of a child who requires substantial care or personal supervision due to a mental or physical disability that prevents the parent from working and earning an income. (Tex. Fam. Code Ann. § 8.051.)

In Texas, spousal maintenance was designed to support a woman in her 60/70 who hasn't worked her whole life, or a stay-at-home mother who aspires to do more and needs her rent and car payment covered while her plan to enter the workforce is being implemented.

You must prove to the court in a Texas divorce that you are unable to meet your minimum reasonable needs post-divorce if you want spousal maintenance. 

Maintaining your current standard of living is not permissible under the statute. In general, minimum reasonable needs include a roof over your head, a car, gas in your car, and food on the table. It doesn't mean sending the kids to a private school, eating at your favorite restaurants, or taking annual vacations.

 Spousal maintenance taxed?

 Spousal support payments are generally taxable income for the person receiving the support, and deductible for the person paying it. 

The 2017 Tax Cuts and Jobs Act significantly impacts spousal maintenance. Before January 1, 2019, paying spouses could deduct maintenance payments from their income, and supported spouses reported and paid taxes on the income.

However, for all alimony agreements and/or court orders finalized on or after  January 1, 2019, 

Maintenance payments are no longer considered income for the recipient or a tax deduction for the paying spouse.

 While we are not divorce attorneys, we work with them every day and can connect you with an attorney who is right for you.   

Qualifying for Spousal Maintenance in Texas read more here.  (Tex. Fam. Code Ann. § 8.053.