Alimony in Texas

• Types of alimony
• Reimbursement alimony
• How courts determine alimony
• Challenges in determining alimony
• How long alimony lasts
• Is permanent alimony a thing?
• How to modify alimony support
• Can you terminate alimony?
• Paying spousal support
• Deducting alimony from your taxes
• References

While Texas allows alimony payments, getting the courts to order them is difficult. Working directly with your ex and developing an alimony contract outside the courtroom is often the best option. If one party breaks the rules, the courts can enforce them. But you won’t rely on the courts to settle disagreements for you. 

Once you’ve agreed on an alimony plan, you can’t change the terms without filing paperwork. Typically, you’re done with payment plans in just a few years. 

What types of alimony are recognized in Texas?

Alimony payments can level the playing field between you and your spouse. When alimony, called spousal maintenance in Texas, is ordered, it is usually to make sure the lesser-earning spouse can maintain a decent standard of living despite the divorce.

Two types of support are recognized in the Texas legal system. They work very differently.

Contractual alimony

Contractual alimony involves settlements people make outside the courtroom during a divorce. The benefits of this model include the following:

• Amounts are flexible. You can determine payment amounts independently, even if they're larger or smaller than those listed by Texas law. 
• The length of payments can vary. You can make payments for longer or shorter periods than those listed in Texas law. 
• Agreements are enforceable. While you set terms outside of court, your terms are preserved in a contract. If one party breaks the terms, the other could sue. 

Spousal maintenance

Spousal maintenance involves payments set by the court during the divorce per Texas law. The benefits of this model include the following:

• Payments are predictable. Both parties know the upper and lower payment limits set by the law and don’t have to guess. There is a firm plan in place.
• Terms tend to be short. Texas laws don’t allow for long payment durations. The payment plan is typically finished in several years. 
• No negotiation is required. You can attempt negotiation if you want to, but it's not required. The court can settle your terms for you. If you don't want to work directly with your ex, this option can be helpful.

What is reimbursement alimony in Texas?

Reimbursement alimony is defined as payments to compensate a spouse for sacrifices made during the marriage. If you stayed home with children while your spouse went to work, reimbursement alimony could pay you for unpaid childcare hours. 

Bear in mind that Texas courts don't recognize this form of alimony, "reimbursement alimony," outright. But the sacrifices you made during your marriage could play a role in a court-determined spousal maintenance plan. (More on this below.) 

How do courts determine spousal maintenance in Texas?

Texas law defines spousal maintenance plans. Per the law, the courts must consider multiple factors when deciding how much one party should pay the other. 

Those factors include the following:

1.  Each person's ability to meet their needs 
2.  The education and employability of both spouses (and how long one person might need to develop employable skills)
3.  The length of the marriage 
4.  The age, job history, income potential, and physical and mental health of the person seeking payments 
5.  The impact of each spouse’s ability to meet their basic needs while providing child support and spousal support payments
6.  Evidence of unusual spending, fraud, or financial disruption during the marriage or divorce 
7.  Contributions made by one spouse to the education or training of the other
8.  Property that is carried into the marriage  
9.  Involvement of a spouse as a homemaker 
10.  Evidence of adultery or cruel treatment during the marriage 
11.  History of family violence

The judge will look at all the evidence and weigh it when determining the appropriate spousal support payments. 

What are the challenges of determining alimony in Texas?

Texas is widely considered one of the most difficult states in which to get a court-ordered spousal maintenance settlement. The court prefers people make arrangements outside of the courtroom. When judges are required to step in, they are hindered by rules that specify small payments for short periods. 

Work with your ex on a spousal support plan that suits both of you. If you can't agree, consider hiring a mediator to help you conduct helpful conversations and find the right path forward. This professional can smooth the process and help you and your ex come to a fair agreement you can both live with.

Read: A Beginner's Guide to Divorce Mediation

How long does alimony last in Texas?

Just as Texas laws specify how judges decide spousal support payments, those laws also include rules about how long payments can last. 

Per Texas laws, payments will end on the following timeframes:

• Five years if one spouse is guilty of a family violence offense within two years of the divorce or if the marriage lasted 10 to 20 years.
• Seven years if the marriage lasted between 20 and 30 years. 
• Ten years if the marriage lasted 30 years or longer

Is permanent alimony a thing?

Per Texas law, spousal support ordered by the courts lasts 10 years at the longest. Courts can’t create a plan for payments that last longer than a decade. 

Your individual agreement with your ex could specify longer payments. You could come to those terms together. But if you rely on the court, the laws determine how long payments last, and they’re not indefinite. 

How to modify alimony support 

The rules are fixed whether you ask the courts to set your spousal support or agree individually. The only way to change them involves filing paperwork with the court that rendered your divorce. You must cite a material or significant change in circumstances that requires different payments. 

Either you or your spouse could head to the courtroom, ask for paperwork, and file it. The court would set a hearing and rule on your proposed changes. 

Until the court makes a ruling, you must make the payments you agreed to. Just filing paperwork doesn't change the obligation. 

Can you terminate alimony in Texas?

Texas laws allow people to terminate spousal support payments under limited circumstances. 

You can terminate spousal support agreements due to one of the following:

• Death of one party 
• Remarriage of the person getting payments
• The person getting payments cohabitates with another romantic partner

Cohabitation requires a hearing before the payments stop. The other two factors are easier to prove with court documents (like wedding or death certificates). 

How to pay spousal support in Texas

During the divorce process, Texas courts typically enter payment orders. In most cases, the payer’s employer deducts the payments from the person’s paycheck and sends them directly to the recipient. 

Can you deduct alimony from your Texas taxes?

Any payments the Texas courts ordered after 2018 cannot be deducted by the payer. If you're the receiver, you don't have to include those payments in your income, either. 

If you have questions about your payments and taxes, it's best to speak with an accountant or similar tax professional. 

Read: How 2017's Tax Bill Changed How Alimony Is Taxed

References