What Is the Cap on Spousal Support in Texas?

Someone putting money in an enveople with paperwork, pen and gavel on a desk. Texas law places a cap on spousal support, limiting court-ordered payments to the lower of the following two amounts:

$5,000 a month
20% of the paying spouse’s average monthly gross income

Texas law also limits the duration of spousal maintenance. This may be five years, seven years, or 10 years, depending on a couple’s unique circumstances. Some exceptions may result in no limit to the duration of spousal maintenance.

The Cap on the Amount of Spousal Maintenance

Each spouse must understand how gross income is calculated when the court determines the maximum amount of spousal maintenance. Gross monthly income includes all types of income, including:

Wages and salaries
Self-employment income
Commissions and tips
Bonuses
Overtime pay
Interest and dividends
Net rental income
Royalties
Severance pay
Trust income
Prizes
Pensions
Retirement benefits
Annuities and capital gains
Unemployment benefits
Spousal maintenance

Some income is excluded from monthly gross income calculations, such as:

Disability benefits
Supplemental Security Income
Social Security benefits
Accounts receivable
Returns for principal or capital
Federal public assistance programs benefits
Temporary Assistance for Needy Families program benefits
Disability compensation related to service paid by the Department of Veterans Affairs
Foster childcare payments
Workers’ compensation benefits

If 20% of the paying spouse’s gross monthly income exceeds $5,000, the court cannot order more than $5,000. If it is less, that is the maximum amount. However, this does not mean the court will order the maximum payment.

Regardless of this calculation, the requesting spouse must still be eligible for spousal maintenance, and the court will still review a multitude of factors to determine if maintenance is fair and what amount is appropriate.

The Cap on the Duration of Spousal Maintenance

There is also a limit on how long a spouse can receive maintenance payments, depending on the circumstances. When spousal maintenance is awarded as part of the divorce settlement, the following limits may apply:

Five-year limit: This limit applies when spouses were married for between 10 and 20 years. It also applies to couples who have been married for fewer than 10 years when spousal maintenance is awarded based on family violence.
Seven-year limit: This limit applies when spouses were married for between 20 and 30 years.
10-year limit: This limit applies when spouses have been married for 30 or more years.

These limits begin from the date the order was given. In addition to these limits, the court is required to provide the shortest reasonable period of maintenance. This period should allow a reasonable amount of time for the requesting spouse to be able to earn income and meet their basic reasonable needs. This does not apply when the other spouse cannot provide for their own needs due to:

Physical or mental disability
Responsibility for an infant or young child from the marriage
Another reasonable cause that prevents the spouse from providing for their own minimum needs

These limits to spousal maintenance duration do not always apply, however. Spousal maintenance may have no cap if the person requesting payments has an incapacitating physical or mental disability or cares for a child who requires significant care because of a physical or mental disability. As long as these circumstances apply, the court may continue to award spousal maintenance. The order is subject to modification, and the court or either spouse can request modification or a review of this maintenance.

How Can an Attorney Help With Spousal Maintenance Determinations?

Whether you are requesting maintenance or may be required to pay, an attorney can help ensure that determinations are fair and that the court is considering the right information.

When you are requesting maintenance, an attorney from The Love DuCote Law Firm LLC can help you determine if you are eligible, if the court is likely to award you maintenance, and the amount and duration of the payments. Your attorney can also help you pursue the highest possible maintenance amount for the longest allowable duration. If you are unable to provide for your own needs, an attorney can help prove this to the court and show why you need maintenance payments for longer.

If your spouse is requesting maintenance, an attorney can ensure that the amount and duration you pay is fair. An attorney can also show evidence that your spouse is not in financial need or that they are disqualified for another reason. By advocating for your interests, an attorney from The Love DuCote Law Firm LLC may be able to reduce or eliminate your spousal maintenance obligation.

Work With The Love DuCote Law Firm LLC

For valuable legal support that protects your financial future, contact The Love DuCote Law Firm LLC online or at 832-471-6904 and learn what we can do to help you. We have offices in Sugar Land, Fort Bend, Houston, Katy, and Harris County, Texas.

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What Is the Cap on Spousal Support in Texas?

The Cap on the Amount of Spousal Maintenance

The Cap on the Duration of Spousal Maintenance

How Can an Attorney Help With Spousal Maintenance Determinations?

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