7 types of income courts consider in a spousal maintenance order

When going through a divorce, your salary is just one piece of a much larger financial picture. This is why Texas courts often look beyond your paycheck when setting a spousal maintenance order. Hence, knowing what counts as income gives you a clearer view of the process and helps you stay prepared.

What is spousal maintenance in Texas?

Spousal maintenance is the financial support one spouse pays to the other after a divorce. In Texas, courts award it only under specific circumstances, such as a long-term marriage or a spouse’s inability to meet basic financial needs. 

Additionally, the paying spouse’s monthly obligation cannot exceed $5,000 or 20% of their average gross monthly income, whichever is less. Courts also set time limits based on the length of the marriage. Thus, understanding these guidelines gives you a realistic picture of what to expect throughout the process.

Seven types of income courts take into account

Now that you understand how Texas courts determine spousal maintenance, it helps to know exactly what income sources they evaluate. Courts look at far more than just your base salary when reviewing both spouses’ finances. Here are the seven types of income Texas courts consider:

• Employment income: This includes your regular salary, hourly wages and any commissions you earn from your job.
• Self-employment and business income: If you own a business or work as an independent contractor, courts will look at your net profits or draws.
• Investment and interest income: Dividends from stocks and interest earned on savings accounts or securities all count toward your income.
• Retirement and pension payments: Courts also factor regular distributions from retirement accounts, pensions or annuities into the calculation.
• Government benefits: Courts also include taxable Social Security benefits, disability payments and unemployment compensation.
• Rental income: Courts consider any money you earn from renting out properties or land as part of your overall income.
• Bonuses and overtime: Performance-based pay such as annual bonuses and overtime earnings also factor into the court’s assessment.

As you can see, Texas courts take a comprehensive look at your financial picture. This is why understanding each of these sources puts you in a better position to protect what you have earned.

Protect the income you’ve worked hard to earn

Knowing which income sources courts consider is the first step toward feeling confident in the process. A spousal maintenance order does not have to catch you off guard. The more informed you are about how courts evaluate your finances, the better equipped you are to make smart decisions for your future. 

Therefore, taking time to explore your rights and options now can make all the difference in reaching an outcome that feels fair and protects everything you have worked hard to build.