11 Points About Spousal Support in Texas

1. Alimony, spousal maintenance, and spousal support are used interchangeably. They all refer to payments made for the support of one spouse.

2. There are standards that must be met in order to receive spousal support. The basis behind spousal support is a spouse’s inability to meet their basic needs.

3. It is common for payments to be made periodically (monthly) rather than as a lump sum.

4. The court may issue an income withholding order, which requires the paying spouse’s employer to make paycheck deductions for the support amount and send it to a distributing agency that will handle the payment for the receiving spouse.

5. Maintenance cannot be more than $5000 a month or more than 20% of the paying spouse’s average monthly gross income, whichever is less. Gross income is the amount before deductions.

6. If spousal maintenance is ordered due to a spouse’s disability, the spouse’s care of a disable child, or any other compelling reason, spousal maintenance can last for as long as that condition still exists.

7. Spousal maintenance will end if either party dies.

8. Spousal maintenance will end if the receiving spouse remarries.

9. Spousal maintenance will end if the receiving spouse lives with a third-party while in a dating or romantic relationship with that person.

10. A paying spouse can ask the court to review the spousal support order to potentially modify the amount, to a lower amount, or to terminate it.

11. For tax purposes, spousal maintenance payments is not considered income for the receiving spouse or a tax deduction for the paying spouse.

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