Spousal Maintenance Attorney in Rockwall, Texas
Spousal maintenance in Texas, is often the most heavily contested issue between spouses during the divorce process. One spouse may fear they won’t have enough money to meet basic needs, while the other spouse may fear that alimony payments will leave them broke. The fear can be amplified by concerns about asset division, child support, economic downturn, and a plethora of other issues.
Yes, an unfair spousal maintenance order after divorce can wreak havoc on your financial stability, whether you’re the one seeking or challenging spousal maintenance. At Sinclair Law Group, PC, we know that financial issues loom large in any divorce, and our attorney is committed to fighting for what’s fair in every case.
Spousal Maintenance v. Alimony in Texas
Unlike many other states, Texas law doesn’t recognize the term “alimony.” The state uses the term “spousal maintenance." However, you can still have "contractual alimony" in your divorce decree. So, what’s the difference?
Spousal Maintenance can be ordered by a divorce judge and is enforceable as a court order. Spousal maintenance may also be modified by the family court.
Contractual Alimony is only allowed in Texas by agreement of the parties. Although contractual alimony will be included in your divorce decree, this provision will be treated as a contract and can only be modified by the agreement of the parties. Enforcing contractual alimony occurs by filing a breach of contract claim.
In Texas, spousal maintenance is a legal obligation for one spouse to provide financial assistance to the other after a divorce. This form of support aims to balance any economic disparity between the spouses that may arise from the dissolution of marriage.
In Texas, spousal maintenance is not automatically granted. It is only awarded under specific circumstances, often when one spouse cannot meet their reasonable needs post-divorce. The goal is to provide temporary financial assistance, helping the receiving spouse transition to financial independence.
Eligibility for Spousal Maintenance in Texas
Texas has strict eligibility requirements for spousal maintenance. Under Texas Family Code § 8.051, courts in the state may order spousal maintenance payments when any of the following is true:
A spouse’s inability to meet basic needs: Spouses have been married for 10 or more years and one of them is unable to earn a sufficient amount of money to cover their minimum reasonable needs.
A spouse has disability: A spouse has an incapacitating physical or mental disability that renders them unable to earn a sufficient amount of money to cover their minimum reasonable needs.
A spouse is the custodian of a child with disability: Spouses share a child of any age that has a physical or mental disability and requires substantial attention and care, preventing the custodian from earning a sufficient amount of money to cover their minimum reasonable needs.
If none of the above-mentioned circumstances exist, a spouse may still be awarded spousal maintenance if the other spouse has been placed on deferred adjudication for or convicted of family violence within two years of the divorce filing date.
How Long Is Spousal Maintenance Paid in Texas?
The duration of spousal maintenance payments in Texas varies based on several factors. Generally, the length of time is determined by the length of the marriage and the specific circumstances of the spouses involved, but the duration is also completely up to the judge. However, Texas law provides maximum timeframes for spousal maintenance as follows:
For marriages lasting between 10 and 20 years, spousal maintenance may be awarded for up to five years;
Marriages lasting 20 to 30 years can result in maintenance for up to seven years; and
Marriages lasting over 30 years may see maintenance awarded for up to ten years.
Special circumstances can alter these general timelines. For instance, if the recipient spouse is disabled or caring for a child with special needs, the court may extend the duration of spousal maintenance or require the support to be paid indefinitely. Each case is unique, and the court strives to tailor the duration to fit the specific needs of the parties involved. However, court orders aren’t always fair, which is why those seeking or objecting to spousal maintenance may benefit from working with a Texas spousal support attorney.
What Factors Do Texas Courts Consider in Determining Spousal Maintenance?
Texas Family Code § 8.052 establishes a list of factors that must be considered by courts when determining the type, extent, and duration of spousal maintenance. These factors include:
Duration of the marriage
Financial resources of both spouses
Educational background and employment skills
Contributions to the marriage, such as homemaking and child care
Age and health of both parties
History of domestic violence
Efforts to seek employment or education
Property and income from separate and community property assets
This list highlights the comprehensive nature of the court's evaluation process. By considering each of these factors, the court aims to reach an equitable decision that reflects the unique circumstances of the divorcing couple.
How Is Spousal Maintenance Calculated in Texas?
Calculating spousal support in Texas involves assessing several critical elements. Generally, the amount awarded is based on the receiving spouse's financial needs. The court will also evaluate the paying spouse's ability to provide support without compromising their own financial stability. This ensures that both parties can maintain a reasonable standard of living post-divorce.
Texas law sets a cap on spousal maintenance, with the lesser of:
payments not exceeding 20% of the paying spouse's average monthly gross income; or
$5,000 per month.
This cap helps protect the paying spouse from undue financial hardship while providing necessary support to the receiving spouse.
Various factors influence the calculation, including the financial resources of both parties, any existing obligations such as child support, and the reasonable needs of the recipient spouse. By weighing these factors, the court can determine a fair and sustainable amount of spousal support.