Spousal Support for High-Income Earners: How Alimony is Determined

In high-net-worth divorces, few issues are as hotly contested, or as legally complex, as spousal support for high-income earners. When one spouse earns significantly more than the other, questions about fairness, financial dependence, and post-divorce stability often come to the forefront. Texas law places clear limits on court-ordered spousal maintenance, but those statutory caps do not always reflect the financial realities of couples accustomed to a luxurious or elite standard of living. For professionals, executives, and business owners facing divorce, understanding how courts approach spousal support for high-income earners is critical. If you have questions about spousal support for high-income earners: how alimony is determined, it is advisable to speak to an attorney as soon as possible. At McClure Law Group, our Dallas divorce attorneys are skilled at navigating contentious, high-value cases, and if we represent you, we will fight in pursuit of the best legal outcome possible in your case.

Texas law imposes clear statutory boundaries on post-divorce spousal maintenance, but courts retain discretion when applying those limits, especially in cases involving substantial income. Understanding spousal support for high-income earners: how alimony is determined begins with awareness of a fundamental principle; Texas does not recognize “alimony” in the same way some other states do.

Instead, it allows for “spousal maintenance” under limited circumstances. Specifically, a spouse seeking maintenance must demonstrate eligibility under the Texas Family Code, such as being unable to meet their minimum reasonable needs due to a disability, the marriage lasting at least 10 years, or being the primary caretaker of a disabled child. Even when eligibility is established, maintenance is capped at the lesser of $5,000 per month or 20% of the obligor’s average monthly gross income.

In divorce cases involving high-income earners, this statutory cap may seem relatively modest, particularly when the spouse’s lifestyle during the marriage included luxury travel, private education for children, or exclusive memberships. However, courts may still award maintenance up to the maximum amount, and they may factor in other forms of support when crafting an overall divorce settlement. For example, a disproportionate property division or contractual alimony may supplement the limited statutory maintenance, provided it is agreed upon in mediation or trial.

Given the rigid statutory framework for court-ordered spousal maintenance, many high-net-worth individuals and their spouses turn to contractual alimony as a practical solution. Spousal support for high-income earners: how alimony is determined may be negotiated through a marital settlement agreement, wherein one spouse agrees to pay a specific amount of support for a defined period. Unlike court-ordered maintenance, contractual alimony is not bound by the $5,000/20% limitation and may reflect the couple’s actual lifestyle and financial resources.

These agreements can be structured creatively to account for cash flow considerations and the future financial needs of both parties. For example, payments may be front-loaded, tied to certain milestones (such as completion of a degree program or the sale of a marital asset), or conditioned on remarriage or cohabitation. However, contractual alimony is enforceable under contract law, not the Family Code, so parties must negotiate with precision and be aware of the consequences of default or non-compliance. For high-income earners, such agreements can offer certainty and control over the post-divorce financial relationship, avoiding the unpredictability of judicial maintenance determinations.

Spousal support for high-income earners: how alimony is determined demands nuanced legal strategies that account for both statutory limits and practical realities. If you have questions about how to protect your interests in a divorce proceeding, it is in your best interest to talk to an attorney about your options. At McClure Law Group, our skilled Dallas divorce attorneys regularly represent parties in high-net-worth divorce cases, and if you engage our services, we will advocate aggressively on your behalf. Our principal office is located in Dallas, and we also offer meetings by appointment in our Collin County office in Plano. We serve clients throughout Dallas, Garland, Fort Worth, Rockwall, Irving, Richardson, Frisco, and McKinney, as well as in the broader counties of Dallas, Denton, Rockwall, Collin, Tarrant, and Grayson. To schedule a confidential consultation, contact us at 214.692.8200 or complete our online form.