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:
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:
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.
Under Texas Family Code § 8.051, there are four ways in which a spouse can qualify for spousal maintenance in Texas:
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.
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.
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 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.
Under Texas Family Code § 8.054, the maximum duration of spousal maintenance awards depends on the length of the marriage:
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.
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:
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:
Gross income for the purposes of spousal maintenance in Texas includes:
Gross income for the purposes of spousal maintenance in Texas does not include:
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.
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:
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.
Under Texas Family Code § 8.056, spousal maintenance in Texas terminates (ends) upon:
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.”
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:
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:
If you have any questions about temporary spousal support or spousal support agreements in Texas, please consult with an experienced family law attorney.
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.