Average Spousal Support in Texas | Maintenance Guidelines

Spousal support, also called spousal maintenance, depends on the financial circumstances of the paying spouse, so there is no average support. Whether support is awarded also depends on the financial needs of the other spouse, or other factors determining eligibility.

In Texas, maintenance cannot exceed $5,000 a month, or more than 20% of the paying spouse’s monthly gross income, whichever amount is lower. While this is the maximum amount, it does not mean a spouse will have to pay this full amount, and there are several things considered by the court when deciding whether to award maintenance.

When Is a Spouse Eligible for Maintenance?

Spousal maintenance is not part of all divorce proceedings. If you are a spouse requesting this support, the court only considers you eligible if you lack sufficient resources and property after the divorce to provide for your reasonable basic needs. This includes your separate property. In addition to this requirement, one of the following must be true:

You are requesting maintenance from your spouse who was convicted of a family violence offense, or received a deferred judgment for the offense. This family violence offense was either against you or against your child. The offense must have occurred within the past two years from the date the divorce was filed, or still be pending.
You are requesting maintenance and cannot earn sufficient income to provide for your needs because of one of the following reasons:
1. You have a physical or mental disability that incapacitates you.
2. You were married to your spouse for 10 years or more, with a rebuttable presumption that you have exercised reasonable diligence in earning income or developing skills to provide for your reasonable needs.
3. You are the primary custodian of a child of the marriage, and this child requires significant care due to a disability.

However, even if a spouse is eligible for spousal maintenance, this does not mean they will receive it. The court considers several factors, such as the property of both spouses, the age and health of each spouse, and the contributions of each spouse to homemaking or the employment or education of the other spouse. If the court decides to award spousal maintenance, it will also consider these factors to determine how much the support should be and for how long.

What Income Is Considered in Determining Spousal Support?

If you are a spouse who may need to pay spousal maintenance, the maximum monthly payment you can be ordered to pay in spousal support depends on your gross monthly income. The court considers gross monthly income to be:

All of your wages or salaried income, including self-employment income
Any other compensation for services, such as commissions, tips, bonuses, and overtime pay
Interest, dividends, and income from royalties
Net income from rentals, after the deduction of operating expenses or mortgage payments, but without deducting depreciation or other non-cash losses
Severance pay
Unemployment benefits
Retirement benefits and pensions
Trust income
Annuities
Capital gains
Interest income from notes or bonds
Payments for spousal maintenance
Gifts or prizes

There are some things that the court does not consider to be your gross monthly income for these purposes, including:

Accounts receivable
Returns from principal or capital
Benefits from federal public assistance programs
Benefits from Temporary Assistance for Needy Families
Payments for caring for a foster child
Compensation for service-related disability by the Department of Veterans Affairs
Disability benefits
Supplemental Security Income
Social Security benefits
Workers’ compensation benefits

Understanding what the court considers income can help you calculate what the maximum spousal maintenance is that you could have to pay. However, you may not be required to pay this amount.

How Can The Love DuCote Law Firm LLC Help You With a Spousal Maintenance Case?

When the court determines spousal maintenance, the court has a lot of discretion in determining whether it is awarded and what amount is fair. Each divorce case is weighed based on its unique facts.

By working with an experienced divorce attorney, it is easier to advocate for your interests. You may be requesting spousal maintenance, or your spouse may be asking for it. At The Love DuCote Law Firm LLC, our attorneys can review your financial circumstances and the financial needs of your spouse, gathering relevant information to present your case to the court. This advocacy can increase the chances of a more favorable result for the maintenance determination for you.

Our attorneys also help you understand what to expect in a spousal support determination. It can be complex to calculate gross monthly income and determine what you may be expected to pay. We can help you understand the maximum maintenance payment and whether that amount is likely to be ordered. We review the specific facts of your unique case and help you prepare.

The Love DuCote Law Firm LLC: Experienced Divorce Attorneys in Sugar Land

At The Love DuCote Law Firm LLC, we have helped many spouses navigate divorce proceedings that involve complex spousal maintenance determinations. We understand that spouses have a lot of financial concerns surrounding support, whether they are requesting the payments or may have to pay. We can help you fight for your interests and future. Contact our firm online or at 832-471-6904. We serve clients in Sugar Land, Harris County, Fort Bend, Houston, and Katy, Texas.

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What Is the Average Spousal Support Allowance in Texas?

When Is a Spouse Eligible for Maintenance?

What Income Is Considered in Determining Spousal Support?

How Can The Love DuCote Law Firm LLC Help You With a Spousal Maintenance Case?

The Love DuCote Law Firm LLC: Experienced Divorce Attorneys in Sugar Land

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