Texas Nonguideline Spousal Maintenance Explained

Navigating the intricacies of divorce can be challenging, especially when it comes to financial matters. One of the most discussed topics in Texas divorces is spousal maintenance. While the Texas Family Code provides guidelines for determining maintenance, there are situations where nonguideline maintenance becomes relevant. This article delves into the concept of nonguideline spousal maintenance in Texas.

What is Nonguideline Spousal Maintenance?

In Texas, while there are specific guidelines set forth for determining spousal maintenance, the courts recognize that every situation is unique. Nonguideline spousal maintenance refers to awards that deviate from the standard formula provided in the Texas Family Code, tailored to the specific circumstances of the case.

When is Nonguideline Maintenance Considered?

The court may consider nonguideline maintenance in situations where applying the standard guidelines would be unjust or inappropriate. Some scenarios include:

  • Significant Disparity in Assets: If one spouse has significantly more assets or resources than the other, even after the division of community property.
  • Special Needs: If one spouse has unique medical or other needs that require additional financial support.
  • Marital Misconduct: In cases where one spouse’s actions, such as adultery or wasteful dissipation of marital assets, have financially disadvantaged the other.

Factors Influencing Nonguideline Maintenance

The Texas Family Code outlines several factors that courts must consider when determining nonguideline maintenance:

  1. Financial Resources: The court will assess the financial resources of the spouse seeking maintenance and whether they can provide for their minimum reasonable needs.
  2. Education and Employment: The time necessary for the spouse seeking maintenance to acquire education, training, and employment will be considered.
  3. Duration of Marriage: Longer marriages may warrant higher maintenance, especially if one spouse has been out of the workforce for an extended period.
  4. Age and Health: The age, employment history, earning ability, and physical and emotional condition of the spouse seeking maintenance play a role in the decision.
  5. Contribution as a Homemaker: If one spouse primarily managed the household and cared for the children, this could influence the maintenance amount.
  6. Marital Misconduct: Actions like adultery or wasteful spending by either spouse can impact the court’s decision.
  7. Property Brought to the Marriage: The court may consider the property each spouse brought into the marriage.
  8. Child Support: If the spouse paying maintenance also pays child support, the combined amount should not be oppressive.

Limitations on Nonguideline Maintenance

While the court has discretion in awarding nonguideline maintenance, there are caps to ensure fairness:

  • The maintenance amount cannot exceed the lesser of $5,000 or 20% of the paying spouse’s average monthly gross income.

Duration of Nonguideline Maintenance

The Texas Family Code provides specific durations based on the length of the marriage. However, in nonguideline cases, the court may adjust the duration based on the unique circumstances presented.


Nonguideline spousal maintenance in Texas offers flexibility in situations where the standard guidelines may not provide a fair outcome. However, securing such an award requires a comprehensive understanding of the Texas Family Code and a compelling presentation of the facts.

If you’re navigating the complexities of spousal maintenance in Texas, the seasoned attorneys at Blacknall Firm can provide expert guidance. We’re dedicated to ensuring our clients receive the support they deserve, tailored to their unique circumstances.

To retain an experienced Texas divorce lawyer for your divorce or child custody case in DallasDentonCollin or Rockwall County, please schedule a consultation with us today.