Post-Divorce Spousal Maintenance May Not Factor VA Disability Compensation

As a general rule, Texas courts do not award post-divorce spousal maintenance easily.  When awarded, however, the maximum amount the law allows is the lesser of $5,000 per month or 20% of the paying spouse’s average monthly gross income.

The Family Code specifically exempts VA disability compensation from being counted among average monthly gross income.  See Tex. Fam. Code Sec. 8.055(a-1)(2)(F).   So, stay alert and don’t let VA disability compensation be erroneously included in the Court’s computation.

Author Jim Cramp is a retired active duty colonel and the founder and principal attorney at the Cramp Law Firm, PLLC.  The firm provides a spectrum of family law-related services to clients in the greater San Antonio region, across the United States and throughout the world.  The firms also provides Wills and Estates and Probate services.