Texas does not have alimony in the traditional sense. Instead, it has spousal maintenance, which is a court-ordered payment that one spouse makes to the other spouse after a divorce.

Spousal maintenance is only available in Texas divorce cases. To qualify for spousal maintenance, you must prove that you meet the requirements set forth in the Texas Family Code.

Some of the factors that the court will consider when determining whether to award spousal maintenance include:

The length of the marriage
The financial resources of each spouse
The earning capacity of each spouse
The needs of each spouse
The conduct of each spouse during the marriage

If you are considering seeking spousal maintenance in a Texas divorce, it is important to speak with an experienced family law attorney. An attorney can help you to understand your rights and options and to gather the evidence you need to prove your case.

Here are some additional things to keep in mind about spousal maintenance in Texas:

Spousal maintenance is not automatic. You must prove that you meet the legal requirements in order to qualify.
Spousal maintenance payments are typically temporary. However, in some cases, the court may order permanent spousal maintenance.
Spousal maintenance payments can be modified or terminated by the court if there is a change in circumstances.

If you have any questions about spousal maintenance in Texas, please consult with an experienced family law attorney at The Law Offices of Richard C. McConathy.

When Spousal Maintenance is Applicable

Under Texas Family Code § 8.051, there are four ways in which a spouse can qualify for spousal maintenance in Texas:

Domestic violence: If the spouse who would be paying spousal maintenance has been convicted of or received deferred adjudication for a family violence offense against the other spouse or their child within two years before filing for divorce or while the divorce is pending, they may be ordered to pay spousal maintenance, regardless of the length of the marriage.
Long-term marriage and disability: If the marriage has lasted for at least 10 years and the spouse seeking spousal maintenance lacks sufficient property or income to provide for their reasonable needs, they may be eligible for spousal maintenance if they are either disabled, the primary caretaker of a disabled child or lack the earning ability to provide for their minimum reasonable needs.
Agreement: The parties can agree that one spouse will pay the other spouse spousal maintenance for a certain period of time.
Immigrant spouse: If a spouse is a sponsored immigrant, they may be able to enforce the Affidavit of Support executed by the other spouse and request that the court order the sponsor to provide them with 125% of the Federal Poverty Guidelines until they become a U.S. citizen or until they have earned 40 credits of work history.

It is important to note that spousal maintenance is not automatic in any of these cases. The court will consider all of the facts and circumstances of the case when making a decision about whether to award spousal maintenance and, if so, how much to award.

How Courts Decide If Spouses Lack Earning Ability To Provide For Their Minimum Reasonable Needs

Under Texas Family Code § 8.052, the court will consider all relevant factors when determining whether to award spousal maintenance and, if so, how much to award. These factors include:

The financial resources available to each party after their property has been divided
The education and employment skills of the spouses
The time necessary for the spouse seeking spousal maintenance to obtain sufficient education or training to earn sufficient income
The availability and feasibility of such training
The duration of the marriage
The spouse’s health and age
How the spouses treated each other

The court may also consider other factors that are relevant to the case.

The spouse seeking spousal maintenance must also show that they have diligently searched for employment, training, and educational opportunities. This requirement does not apply in cases where the Affidavit of Support is being enforced.

In other words, the court will look at all of the facts and circumstances of the case to determine whether spousal maintenance is appropriate and, if so, how much to award. The court will also consider the spouse seeking spousal maintenance’s efforts to become self-sufficient.

How Long Spousal Maintenance Awards Remain in Effect

Under Texas Family Code § 8.054, the maximum duration of spousal maintenance awards depends on the length of the marriage:

The marriage lasted less than 20 years: Spousal maintenance can last for up to five years.
The marriage lasts 20-30 years: Spousal maintenance can last for up to seven years.
The marriage lasted 30 years or more: Spousal maintenance can last for up to 10 years.

The court may also order that spousal maintenance continue for longer than these periods if the spouse receiving spousal maintenance is unable to earn sufficient income to provide for their minimum reasonable needs because of a disability or because they are the caretaker of a disabled child.

It is important to note that these are just maximum durations. The court may order spousal maintenance to last for a shorter period of time, depending on the specific circumstances of the case.

How Much Spousal Maintenance May Be Paid

Under Texas Family Code § 8.055, the court has no formula for determining how much spousal maintenance to award. The court cannot require the spouse paying spousal maintenance (the obligor) to pay more than the lesser of:

$5,000; or
20 percent of their gross monthly income.

In other words, the court will consider all of the facts and circumstances of the case when determining how much spousal maintenance to award, and the award cannot exceed the lesser of these two amounts.

Here are some of the factors that the court may consider when determining the amount of spousal maintenance:

The financial resources of each spouse
The earning capacity of each spouse
The needs of each spouse
The duration of the marriage
The conduct of each spouse during the marriage

Gross income for the purposes of spousal maintenance in Texas includes:

All wage and salary income and other compensation for personal services (including commissions, overtime pay, tips, and bonuses)
Interest, dividends, and royalty income
Self-employment income
Net rental income (rent after deducting operating expenses and mortgage payments, but not including noncash items such as depreciation)
All other income actually being received, including severance pay, retirement benefits, pensions, trust income, annuities, capital gains, unemployment benefits, interest income from notes regardless of the source, gifts and prizes, maintenance, and alimony

Gross income for the purposes of spousal maintenance in Texas does not include:

Return of principal or capital
Accounts receivable
Benefits paid in accordance with federal public assistance programs
Benefits paid in accordance with the Temporary Assistance for Needy Families program
Payments for foster care of a child
Department of Veterans Affairs service-connected disability compensation
Supplemental Security Income (SSI), Social Security benefits, and disability benefits
Workers’ compensation benefits

In other words, gross income for the purposes of spousal maintenance in Texas is very broad and includes most types of income that a person receives. However, there are some exceptions, such as benefits paid in accordance with federal public assistance programs and disability benefits.

Enforcing Spousal Maintenance Orders

If spousal maintenance is awarded, the court will usually order the obligor’s employer to withhold a certain amount from their paycheck and send it to the spouse awarded maintenance.

Under Texas Family Code § 8.059, there are three ways to enforce a spousal maintenance order:

File a motion to enforce (which may also include a motion for contempt). This means that you ask the court to order the obligor to pay what they owe, and you may also ask the court to punish the obligor for not paying.
Ask the court to reduce the amount owed to a money judgment. This means that you ask the court to enter an order that says how much the obligor owes you in total. This can be helpful if you need to collect the debt through other means, such as garnishment or liens.
Get a qualified domestic relations order, commonly known as a QDRO. A QDRO is a court order that tells the obligor’s retirement plan administrator how to divide the obligor’s retirement benefits with you.

If you are having trouble enforcing a spousal maintenance order, it is important to speak with an experienced family law attorney. An attorney can help you to understand your rights and options and to take the necessary steps to enforce your order.

When Spousal Maintenance Ends

Under Texas Family Code § 8.056, spousal maintenance in Texas terminates (ends) upon:

The expiration of the award period
The death of either spouse
The remarriage of the obligee (the spouse receiving spousal maintenance)
The obligee permanently lives with another person with whom they have a romantic relationship

Spousal support and spousal maintenance are different under Texas law. Spousal support is voluntary and agreed upon by the divorcing parties in their divorce settlement.

It can be enforced like a contract. Spousal maintenance, on the other hand, is ordered by the court and enforced as a court order.

Texas law does not use the term “alimony.”

Changes to Spousal Support Orders

The amount or duration of temporary spousal support can be changed if there is a significant change in circumstances. This means that one or both spouses have experienced a major change in their financial situation, such as a change in income, job loss, or a change in the financial needs of the spouse receiving support.

Some examples of circumstances that might lead to changes in the support order include:

One spouse loses their job or has their income reduced significantly.
One spouse gets a new job with a higher income.
One spouse becomes disabled or unable to work.
One spouse’s medical expenses increase significantly.
The spouse receiving support remarries or starts living with another person.

Couples can negotiate a separate spousal support agreement with the help of their attorneys. This agreement would need to be approved by the court and would typically be incorporated into the final divorce decree.

Negotiating a spousal support agreement can be a complex process, so it is important to have an experienced attorney on your side. Your attorney can help you to understand your rights and options and to negotiate a fair and reasonable agreement.

Here are some tips for negotiating a spousal support agreement:

Be prepared to provide documentation of your financial situation, including your income, expenses, and assets.
Be clear about your needs and expectations.
Be willing to compromise.
Keep in mind that the court will ultimately approve or disapprove the agreement, so it is important to reach an agreement that is fair and reasonable.

If you have any questions about temporary spousal support or spousal support agreements in Texas, please consult with an experienced family law attorney.

Spousal Maintenance Attorney in Tarrant County, TX

Are you currently debating how to handle spousal maintenance for your future ex in Fort Worth, Arlington, Grapevine, Keller, Southlake, or other cities in Tarrant County, TX? You will want to speak with The Law Offices of Richard C. McConathy so you can protect your rights and achieve the most favorable possible outcome to your situation.

Call (817) 422-5350 or contact us online to schedule a free consultation so we can review your entire case. Our firm also helps people dealing with violations of protective orders or protective order hearings.

0/5 (0 Reviews)