NEWSSplitting Up in Texas? Founder of The Hicks Law Firm Explains the Intricacies of Spousal Maintenance
Feb. 22 2024, Published 2:39 a.m. ET
Divorce rules can be confusing for many. Courts use various factors to determine appropriate spousal support, and the amount and duration of support can be influenced by various factors, even after awarding support. This can be particularly confusing for those who have experienced divorce in Texas.
Spousal maintenance is a serious aspect of divorce proceedings, particularly in Texas. With its unique laws and considerations, understanding spousal maintenance is essential for anyone navigating a divorce or contemplating it in the Lone Star State.
In Texas, eligibility for spousal maintenance hinges on various factors, primarily the duration of the marriage and the financial circumstances of each spouse. Generally, a marriage must have lasted at least ten years to qualify for this, unless specific conditions, such as family violence or severe disability, are met. The spouse seeking support needs to prove a lack of sufficient property to meet their minimum reasonable needs, alongside meeting other criteria outlined by the law.
Understanding the difference between child support and spousal maintenance is very important. Child support, a separate legal provision, typically does not last beyond a child's 18th birthday or high school graduation, while spousal maintenance involves additional expenses that an adult must cover, typically lasting no longer than 5 years.
Spousal maintenance can also be obtained temporarily, such as during the pendency of the case. Many different scenarios can be used to determine spousal maintenance. If the spouse cannot afford to cover half the expenses, spousal maintenance is needed to help them get on their feet.
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The monthly amount of spousal maintenance in Texas is capped at $5,000 or 20% of the average gross monthly income of the paying spouse, whichever is lower. Additionally, the duration of this maintenance varies based on the length of the marriage, ranging from five years for shorter marriages to an indefinite duration for spouses with severe disabilities or caring for disabled children.
In Texas, judges wield significant discretion in determining spousal maintenance awards, such as each spouse’s ability to meet their minimum reasonable needs independently, the duration of the marriage, earning capacity, and contributions to the marriage. Texas law has restrictions on maintenance modifications, such as judges not increasing the original maintenance order’s amount or duration, not awarding spousal maintenance after a final divorce to a spouse who didn’t receive it, even if they later became disabled, and not applying retroactively. The modified order will only apply to payments due after a spouse filed the request. Despite these restrictions, maintenance modifications can be sought only if they decrease or terminate maintenance.
Marital misconduct, including family violence, is also taken into account. “It’s extraordinarily difficult to navigate on your own,” explains John Hicks, an attorney in Texas and owner of The Hicks Law Firm. “Some are in an abusive relationship, or a husband takes advantage of kids against the wife to get his way, in case she finally decides to stand up for herself. Husbands who are sole breadwinners use the fact that the wife has no income, and leverage that to get what he wants.”
Understanding the tax implications of spousal maintenance is crucial for both the payer and the recipient. Spousal maintenance is taxable for the recipient but may be deductible for the payer under IRS regulations. However, specific conditions must be met for payments to qualify as maintenance. The federal Tax Cuts and Jobs Act eliminated tax deductions and income reporting requirements for spousal maintenance in post-2018 divorces. However, spousal maintenance payments from before 2019 can still be deducted and maintenance payments must be reported as income. When negotiating spousal maintenance agreements, it is essential to consider these tax rules.
