No one walks into a divorce hoping to argue over money or lose sleep over the decisions to get to the other side of it.
When you’re staring down the end of a marriage, emotions definitely run high–– and so does the volume of questions and concerns. For many Texans going through a divorce, one of the top stressors is figuring out what comes next financially. Between dividing up property and figuring out whether spousal maintenance (often called alimony in other states) might be on the table, it’s easy to let yourself fall into despair or just be overall overwhelmed. You may even get analysis paralysis––you know, when you start avoiding or procrastinating moving forward because there are so many possible choices and outcomes, or you aren’t yet informed on the matter. So now maybe you are asking yourself: Which one, the property division or spousal maintenance, matters most? Is holding the house more of a priority than receiving monthly support––or vice versa? The truth is that both bear significant consequences in their own right, and the decision depends entirely on your circumstances.
So let’s talk about it.
What Spousal Maintenance Really Comes Down to in Texas
Unlike many other states in the US, Texas does not just automatically hand out spousal maintenance. It’s more on a divorce-by-divorce basis. Texas law imposes stringent conditions regarding who qualifies for spousal maintenance. If you’re anticipating receiving it, you’ll need to show that you can’t meet your basic financial demands without it–– and meet particular prerequisites.
For instance, the court may grant spousal maintenance if the marriage lasted ten years and the individual pursuing the support is not able to make enough to meet minimum monthly financial needs. Or, if there’s been a family violence conviction within two years of filing for divorce, that could also make someone eligible. The court evaluates a scope of different factors, including health, education, work history, and childcare responsibilities.
Even in cases where spousal maintenance gets granted, it’s not intended to be a permanent measure of help. It’s typically limited in both time and amount. In most cases, it can’t exceed 20% of the paying spouse’s monthly income––or $5,000, whichever is less. The goal is to help someone get back on their feet, not to support them indefinitely.
The Breakdown of Property Division
Now, let’s turn to property. Texas is a community property state. That means, generally speaking, anything you or your spouse acquired during the marriage––money, homes, cars, retirement accounts––is considered joint (community) property. That property then gets divided during the divorce. But don’t expect a clean 50/50 cut. Texas Family Code, Sec. 7.001 remarks that the division should be “just and right,” which gives judges the flexibility to consider the entire picture and make a decision regarding the split.
Some of the things that might tilt those scales? Faults in the breakup of the marriage, like infidelity or abuse, unequal earning power, whether one spouse is raising the kids, and even health conditions can influence the matter. It’s all about fairness, considering the entire marriage, its circumstances, and the financial aspects.
So What Matters More?
There will not be a blanket answer here. For someone leaving a long-term marriage where they built a home, cared for it, and raised children, spousal maintenance can be crucial — at least temporarily. For someone else, keeping their retirement accounts or home may be more valuable in the long run. In many Texas divorce cases, the two are connected; for example, a judge may award less property to one spouse if they’re also ordering spousal maintenance.
It also depends on what you’re trying to create for yourself post-divorce. Do you need a reliable monthly income to get by while you find your footing, consider going back to school, or re-enter a career field you might have left while raising kids? Alternatively, would a larger share of the property––like a paid-off vehicle, cash savings, or equity in the home––make more sense for your next chapter? Thinking about your goals can help you and your lawyer gain clarity and decide what to push for during the negotiations or when facing the judge.
Let’s Put This All Into Perspective
Say your spouse earns significantly more, and you’ve been out of the workforce for a few years. You’re awarded spousal maintenance for a limited time, giving you breathing room to retrain or find work. That monthly support might not last forever, but it can be a critical bridge to financial independence.
On the other hand, maybe you and your spouse both work, but you’ve invested more in the house or have a stronger claim to retirement funds. In that case, a larger share of the property division may be more beneficial, especially if you’re already able to support yourself.
Factors That Influence Both
Overlapping considerations ultimately impact both spousal maintenance and property division. Elements like the length of a marriage, the earning capacity of spouses, and contributions made to the marriage over time, including but not limited to raising children or supporting a spouse while they completed their higher education. And again, the role of fault in the dissolution of the union can have a push and pull on the outcomes of divorce. Judges have broad discretion and aim for fairness, but that doesn’t always mean those outcomes are predictable––and your attorney and strategy matter.
The Importance of Legal Strategy
Deciding what to ask for––and how to ask for it––requires knowledge and strategy. It’s not just about what is fair in your eyes; it’s about what the court is more likely to approve as well as enforce. A seasoned divorce attorney will take the time to go over your entire financial background and that of the marriage. They will talk through what makes the most sense for your specific situation. They can also help you think ahead and prioritize what’s going to be meaningful when you are rebuilding your life.
It’s worth noting that spousal maintenance can be modified or even ended early if circumstances change. Property division, on the other hand, is typically final once the divorce is complete. That’s why many people place more emphasis on securing valued assets during the split, especially if their need for support is not long-term but rather temporary.
Closing Thoughts
No one walks into a divorce hoping to argue over money or lose sleep over the decisions to get to the other side of it. Whether spousal maintenance or property division matters more depends on your unique life circumstances, your goals, and what you need to achieve and feel secure moving forward.
If you’re in the midst of — or considering— a divorce in Texas, ensure you hire a skilled and trusted lawyer. To talk to an experienced Houston family law and divorce attorney who can help you weigh your options and negotiate for what matters to you, contact Boudreaux Hunter and Associates, LLC, located at 3555 Timmons Ln., Suite 1510, Houston, TX 77027, by clicking the link or calling and speaking to a member of our firm at 713-333-4430. Schedule a confidential consultation with a knowledgeable Texas divorce attorney, and remember, your future is worth protecting, and it starts by planning the next chapter now.
Join the conversation!