Spousal Maintenance in Texas

Spousal maintenance in Texas is about to change. On September 1, 2011 HB 901 will become effective. HB 901 lowers the threshold for obtaining spousal maintenance in Texas. After September 1, 2011 a party requesting spousal maintenance will be required to show that they are unable to earn enough income to meet their reasonable needs rather than having to prove that they are unable to support themselves through employment.

Another significant change to spousal maintenance is durational. Prior to September 1, 2011 spousal maintenance could not exceed three (3) years. Now the length of maintenance can be awarded based on the length of the marriage. For example, a marriage between 10 and 20 years could result in a party being awarded spousal maintenance for a period not to exceed 5 years; in contrast, a marriage that lasted more than 30 years could result in a party being awarded spousal maintenance for a period not to exceed ten years.

The monthly limit or "cap" of the spousal maintenance has also been increased to $5,000 per month or 20% of gross income per month, whichever is less. This is a potential doubling of the previous standard of $2,500 per month or 20% of gross income, whichever is less.