When women research alimony in Texas, they often find information about spousal maintenance and assume that’s their only option. What many don’t realize is that Texas recognizes two distinct forms of post-divorce support, and understanding both can significantly impact your financial planning. Where powerful women protect each other means sharing knowledge that helps you make informed decisions.
The first type is statutory spousal maintenance, governed by Chapter 8 of the Texas Family Code. This is what most people find when they search online. It has specific requirements: you generally must have been married at least ten years, and you must demonstrate both a need for support and your spouse’s ability to pay. The amount is capped, and the duration depends on how long you were married. Courts view this as temporary assistance designed to help a spouse become self-sufficient.
Here’s what many women don’t know: spousal maintenance is not an entitlement. Being married for ten years doesn’t automatically qualify you. Courts want to see that you genuinely need the support and that you’re making efforts to become financially independent. They also look at factors like your education, employment history, and the job market for someone with your skills.
The second type is contractual alimony, and it operates very differently. This is a negotiated agreement between spouses with no statutory requirements. You could be married for one day and still negotiate contractual alimony if you have sufficient leverage in your divorce. There are no caps on the amount or duration. It’s simply what you and your spouse agree to in your divorce settlement.
Each type has advantages and disadvantages. Contractual alimony locks both parties into a contract that generally cannot be modified. If your ex-spouse fails to pay, your collection options differ from a court order. Spousal maintenance, being a court order, can be modified if circumstances change significantly. It also carries different enforcement mechanisms because violating a court order has specific legal consequences.
For stay-at-home mothers reentering the workforce, there’s another important option: temporary spousal support. Even if you don’t qualify for long-term maintenance, you may be able to obtain temporary support while your divorce is pending. This can provide crucial financial stability while you pursue education, training, or job placement that will allow you to become self-sufficient.
Our firm provides resources to help women in this transition, including career counseling connections, guidance on building LinkedIn profiles, and resume assistance. We believe in empowering our clients to build independent futures while also securing every financial benefit they deserve from their divorce.
There’s also an alternative worth considering: pursuing a disproportionate share of the marital estate rather than ongoing alimony. When you rely on monthly alimony payments, you remain financially connected to your ex-spouse. Late payments can throw off your entire budget. Courts generally prefer both parties to be free from ongoing obligations when possible.
By negotiating for a larger share of assets upfront, you take control of your financial future. You can invest that money, create annuities, or manage it however serves your needs best. You’re no longer waiting for a check that may or may not arrive on time.