The terms alimony, spousal support, and spousal maintenance all describe the process of making financial payments to a former spouse under the terms of a divorce decree. These orders might also be in place when a couple is separated.
These monthly payments are not awarded in every case. For you to be eligible, you will need to meet certain qualifications. The attorneys of Barton & Associates Attorneys at Law, PLLC, can help you request alimony or show the judge why support isn’t necessary.
Eligibility for Spousal Maintenance
Not every divorce decree will include an order for spousal maintenance. Court-ordered spousal maintenance is strictly governed in Texas, and there are fewer options available compared to other states. Texas Family Code Section 8.051 outlines the eligibility requirements for spousal maintenance, which include:
- The paying spouse was convicted or received deferred adjudication for family violence during the marriage or within two years of filing for divorce.
- The marriage lasted at least 10 years, and the requesting spouse lacks sufficient income or property to meet basic needs.
- The requesting spouse has a physical or mental disability preventing them from earning enough income.
- The requesting spouse cares for a child with a disability, making it difficult to earn sufficient income.
Amount and Duration of Spousal Maintenance
There is a cap on the amount of support offered in Texas. The amount of spousal maintenance is generally limited to $5,000 per month or 20 percent of the paying spouse’s average monthly income, whichever is smaller.
This is done in part because of Texas’ role as a community property state. In general, the courts will typically split marital assets evenly. Given that the judge is likely to provide an even split of the assets, monthly support may not be necessary.
The duration of the spousal maintenance depends on the circumstances of the marriage:
- For a marriage lasting 10 to 20 years, support is limited to up to 5 years.
- For a marriage lasting 20 to 30 years, support is limited to up to 7 years.
- For a marriage lasting 30 or more years, support is limited to up to 10 years.
Note: In the instances where the spouse is caring for a child with a disability, spousal maintenance may have no end date.
The Self-Sufficiency Expectation
In Texas, the courts stress that spousal maintenance is temporary and designed to help the receiving spouse become financially independent. When making the determination for whether to order spousal maintenance, the courts will assess whether the spouse seeking support has made reasonable efforts to become self-sufficient.
Modification or Termination of Spousal Maintenance in Texas
Spousal maintenance can be changed if there’s a significant shift in circumstances, like a change in income or the recipient’s needs. It automatically ends if either spouse dies. It also stops if the recipient remarries or lives with a romantic partner.
About Contractual Alimony
Court-ordered support is not the only way to arrange for spousal support at the end of a marriage. In some cases, the parties might simply agree that these payments are appropriate. Because this is a contract, the remedies are different compared to the full enforcement power that comes with court-ordered alimony.
There is also the potential for this issue to be addressed through a prenuptial or postnuptial agreement. The parties may enter into a contract before or during their marriage, determining the amount of contractual alimony owed if the two get divorced.
Just like with contractual alimony, these agreements are contracts that come with limited enforcement options.
Speak with a Texas Alimony and Spousal Support Lawyer Today
Our family law attorneys can help you evaluate your options and understand if the court is likely to make a spousal support award or not. The attorneys of Barton & Associates Attorneys at Law, PLLC, can help you understand your rights and obligations regarding spousal support. Contact us as soon as possible to discuss your case during a private consultation.
