Spousal Support in Austin: Will You Pay or Receive Alimony?

Going through divorce and wondering about spousal support? You’re not alone. Most people have no idea if they’ll have to pay their ex or if they can get support themselves.

Let me give you straight answers about spousal support in Texas. I’m Cristi Trusler, a board-certified family law specialist, and I’ve handled hundreds of these cases in Travis, Williamson, and Hays counties.

Will You Have to Pay Spousal Support?

Here’s the good news: Texas makes it hard to get spousal support. The bad news? If your spouse qualifies, you could pay up to $5,000 per month for years.

Texas calls it “spousal maintenance,” not alimony. Don’t let the name fool you - it’s real money coming out of your paycheck.

Quick reality check: Most divorces in Austin don’t involve spousal support. But when they do, the amounts can be significant.

When Does Someone Get Spousal Support?

Your spouse can only get court-ordered support if they prove ONE of these:

The 10-Year Rule

You were married at least 10 years AND your spouse can’t support themselves on their income and property after divorce.

This is the most common way people qualify. Think about it - after a decade of marriage, one spouse often sacrificed career advancement for family.

Disability

Your spouse has a physical or mental disability that prevents them from working and earning enough to live on.

Special Needs Child

Your spouse cares for your child who has a disability requiring substantial care and supervision.

Family Violence

Your spouse was a victim of family violence by you within two years before filing for divorce or during the divorce process.

How Much Could You Pay?

Texas law caps spousal support at the LOWER of:

• $5,000 per month, OR
• 20% of your average monthly gross income

Real example: If you earn $8,000 per month gross, the maximum would be $1,600 (20% of $8,000 is less than $5,000).

If you earn $30,000 per month gross, you’d be capped at $5,000 per month maximum.

How Long Will You Pay?

This depends on how long you were married:

• 10-20 years married: Up to 5 years of payments
• 20-30 years married: Up to 7 years of payments
• 30+ years married: Up to 10 years of payments
• Disability cases: Could be indefinite

Strategy note: These are maximums. Courts often order less time, especially if your spouse can reasonably become self-supporting sooner.

What Factors Do Austin Courts Consider?

Travis County judges look at these factors when deciding spousal support:

• Financial resources of both spouses after property division
• Age and health of both spouses
• Employment history and job skills
• Education level and time needed for training
• How long you were married
• Contributions as homemaker or to the other’s career
• Childcare responsibilities
• Marital misconduct (like adultery or hiding assets)

Need help protecting your financial future? Schedule a strategy session.

Common Spousal Support Myths in Texas

Myth: “If we were married 10+ years, my spouse automatically gets alimony.” Truth: They still have to prove they need it AND can’t support themselves.

Myth: “Adultery means no spousal support.” Truth: Adultery is just one factor. It doesn’t automatically disqualify someone.

Myth: “I can just quit my job to avoid paying.” Truth: Courts can base support on your earning capacity, not just current income.

Tax Changes You Need to Know

Big change in 2019: Spousal support payments are no longer tax-deductible for the payer, and the recipient doesn’t pay taxes on them.

This makes spousal support more expensive for the paying spouse. A $2,000 monthly payment now costs you the full $2,000 - no tax break.

Enforcement: They Can Garnish Your Wages

Don’t think you can just skip payments. Texas courts can:

• Garnish your wages directly
• Hold you in contempt of court
• Suspend your driver’s license
• Freeze bank accounts

The court can order your employer to withhold the money before you ever see it.

When Does Spousal Support End?

Support automatically stops when:

• The time period expires
• The receiving spouse remarries
• The receiving spouse lives with a romantic partner (cohabitation)
• Either spouse dies

Important: If your ex starts living with someone, you need to go back to court to stop the payments. They don’t stop automatically just because you know about it.

Voluntary Support vs. Court Orders

You and your spouse can agree to support payments without a court order. This gives you more flexibility but less protection.

Voluntary support pros:

• No court involvement
• More flexible terms
• Can modify by agreement

Voluntary support cons:

• Harder to enforce if they stop paying
• No wage withholding available
• Could complicate future court cases

Considering voluntary support? Let’s discuss the risks and benefits.

Spousal Support Strategy for Austin Divorces

If You Might Pay Support:

1. Document your spouse’s earning capacity early
2. Show their ability to become self-supporting
3. Argue for shorter duration, not just lower amount
4. Consider lump-sum buyouts if you have the assets

If You Might Receive Support:

1. Document your financial need clearly
2. Show reasonable efforts to become employable
3. Keep records of contributions to marriage/spouse’s career
4. Don’t rush into agreements without understanding long-term impact

Contractual Alimony: Another Option

Sometimes couples agree to “contractual alimony” in their divorce decree. This isn’t technically spousal maintenance under Texas law, but it’s still enforceable.

Contractual alimony can:

• Last longer than legal limits
• Be for higher amounts
• Have different termination rules

The downside? You can’t modify it later unless your agreement specifically allows changes.

Travis County Trends

In my experience with Travis County cases, judges here tend to:

• Award shorter durations when possible
• Consider Austin’s strong job market
• Look closely at both spouses’ education levels
• Factor in the cost of living in Austin

Williamson and Hays County judges are often more conservative with spousal support awards.

Frequently Asked Questions

How often do Austin divorces include spousal support?

In my practice, less than 20% of cases involve court-ordered spousal support. It’s much less common than people think.

Can I get spousal support if I work but don’t earn enough?

Yes, if your income plus property isn’t enough to meet your reasonable needs, you might qualify. Courts look at the full picture, not just whether you have a job.

What if my spouse hid money during marriage?

This could help your spousal support case. Courts can award support when one spouse wasted or hid community property.

Can spousal support be modified later?

Court-ordered spousal maintenance generally cannot be modified in Texas. That’s why getting it right the first time is crucial.

What’s considered “reasonable needs”?

This isn’t luxury living. Courts look at basic housing, food, transportation, healthcare, and reasonable personal expenses. Your marital standard of living is a factor, but you won’t maintain the exact same lifestyle.

Do I need a lawyer for spousal support issues?

Spousal support cases involve complex calculations and long-term financial consequences. Even if you handle other parts of your divorce yourself, consider getting legal advice on support issues.

How do courts calculate earning capacity?

If someone isn’t working or is underemployed, courts can base support on what they could reasonably earn given their education, work history, and job market conditions.

What if my spouse refuses to work?

Courts expect both spouses to make reasonable efforts toward self-support. Refusing suitable employment can work against someone seeking support.

Can spousal support be paid as a lump sum?

Yes, if both parties agree or the court orders it. This can be smart if you have assets but want to avoid ongoing monthly payments.

What happens if I lose my job while paying support?

You generally can’t modify court-ordered spousal maintenance, but you should contact an attorney immediately. There might be options depending on your specific situation.

Next Steps: Protecting Your Financial Future

Spousal support decisions affect your finances for years to come. Whether you think you’ll pay or receive support, you need a clear strategy.

Here’s what I recommend:

1. Get your financial picture organized now - gather income records, asset statements, and expense documentation
2. Understand your spouse’s situation - their earning capacity might be very different from current income
3. Consider all options - sometimes negotiating other terms can eliminate spousal support entirely
4. Think long-term - today’s decision affects your finances for years

Don’t guess about something this important. Spousal support cases require careful analysis of your specific situation, local court trends, and strategic planning.

I’ve helped hundreds of Central Texas families resolve spousal support issues fairly and efficiently. Board certification means I stay current on every change in the law and know how local judges approach these cases.

Schedule a consultation to discuss your spousal support concerns. We’ll review your situation and develop a strategy that protects your financial future.

Cristi Trusler
Board Certified Family Law Attorney
Serving Austin, Cedar Park, Georgetown, and San Marcos

Remember: This information is general guidance, not legal advice for your specific situation. Texas spousal support law has many nuances that affect your particular case.