When Does Spousal Support End in Texas?

 Posted on July 28, 2021 in Spousal Support

In Texas, spousal support is an option in relatively few divorces. State law puts substantial limits on the types of circumstances in which maintenance is warranted, and when the court does include maintenance in a divorce order, it is usually only for a limited time. Both paying and receiving spouses can better prepare for the divorce and its aftermath by understanding when spousal support payments may terminate.

Texas Spousal Maintenance Order Durations

Texas courts will determine the specific duration of maintenance according to the facts of each individual case, but there are maximum cut-offs in place based on the length of the marriage and the reason why spousal support was ordered. For example:

• There is a maximum five-year duration when the marriage lasted between 10 and 20 years. If the receiving spouse is a victim of spousal abuse, they can receive maintenance for up to five years even if the marriage lasted less than 10 years.
• There is a maximum seven-year duration when the marriage lasted between 20 and 30 years.
• There is a maximum 10-year duration when the marriage lasted 30 years or more.

However, these limits do not apply when maintenance is ordered because the receiving spouse has a disability or is caring for a child with a disability. In these cases, maintenance may continue indefinitely, or until the receiving spouse no longer needs it to provide for their needs.

Ending Spousal Maintenance Early

Although the court will typically order spousal support for a specified period of time, there are situations in which the maintenance order may be terminated before that time concludes. For example, the receiving spouse is no longer entitled to maintenance after getting remarried or starting to cohabit with a new romantic partner. A maintenance order also terminates when either party dies, so a decedent’s estate will not continue paying or receiving spousal support.

Maintenance payments could also be reduced or terminated early after the paying party petitions the court for a modification of the order. In order for the court to approve a modification, there must be evidence of a substantial change in circumstances. For example, there may be evidence that the receiving party now has sufficient income of their own, or that they are capable of finding sufficient employment with reasonable effort.

Contact a Texas Spousal Support Attorney

Spousal maintenance can be a difficult issue both during and after the divorce process. At Powers Kerr & Rashidi, PLLC, we strive to ensure that our clients are treated fairly in maintenance orders whether they are the paying or receiving spouse. To learn more about how we can help you with a maintenance order or modification, call us at 512-610-6199 and schedule a consultation with an experienced Austin, TX high asset divorce lawyer.

Source:

https://statutes.capitol.texas.gov/Docs/FA/htm/FA.8.htm