What Is Spousal Support?
Spousal maintenance, also known as alimony, is a monthly payment made by one ex-spouse to another. Usually, alimony payments begin after the finalization of the divorce.
There are two types of spousal support in Texas:
- Chapter 8 Alimony (Spousal Maintenance Orders): This references the section of the Texas Family Code that establishes eligibility. Typically, this is support is ordered by the court.
- Contractual Support: Contractual support is an agreement between spouses.
- Temporary Spousal Support
Contact an experienced alimony lawyer at The Bayley Law Firm if you have any questions about options and eligibility for spousal support. Our attorneys specialize in family law with a particular focus on divorce issues. Moreover, our founder Andrew Bayley is board-certified in family law by the Texas Board of Legal Specialization.
Call our firm at 832-979-6752 to learn more about your options in a confidential consultation.
Who Is Eligible for Alimony?
There are three main factors that determine eligibility for spousal maintenance in Texas:
- Length of the marriage
- Financial situation of the couple
- Prenuptial or postnuptial agreements that promise support
Section 8.051 of the Texas Family code covers eligibility for alimony. Essentially, it states that the spouse seeking support myst not have the property or funds to meet their basic needs. They must also have been married for a minimum of 10 years and meet one of the following conditions:
- Cannot earn enough money to meet reasonable needs
- A physical or mental disability that prevents them from earning enough to support themselves
- Custody of a child from the marriage who requires substantial supervision and care due to a disability (In these cases, the child’s disability prevents the spouse with custody from earning the income necessary to fulfill their basic needs.
Alternatively, the court may award spousal support if one spouse is convicted or received deferred adjudication for domestic violence within two years of filing for divorce or during the divorce process.
How Long Does Spousal Support Last?
Typically, the length of the marriage determines the period of support. There is a limit of the shortest reasonable amount of time if there is no disability in the case. There is no time limit if the support involves a disability.
Here are the guidelines for the time period of spousal support according to the Texas Family Code:
- 10-20 years: Support for no more than 5 years
- 20-30 years: Support for no more than 7 years
- 30+ years: Support for no more than 10 years
However, four situations can cause support to end prior to this date:
- One party passes away;
- The recipient remarries;
- A judge reviews and amends the court order; or
- The recipient lives with someone with whom they are in a romantic relationship.
The court typically awards the shortest amount of time for alimony to encourage the spouse to become self-sufficient quickly. However, the court may deviate from this in situations where a short time period is improper.
Is There a Cap on Spousal Maintenance in Texas?
Yes, the Texas Family Code caps the amount of monthly alimony at either $5,000 or 20% of the paying spouse’s monthly income.
What Factors Do Texas Courts Consider in Determining Spousal Support?
There are 11 factors that Texas courts consider to determine the type, extent, and duration of spousal support.
- Earning ability of each spouse to meet reasonable needs on their own as well as financial resources at the time of divorce
- Education and employment skills of each spouse, including the time necessary for the recipient to obtain education or training to earn a sufficient income
- Length of the marriage
- Age, employment history, physical and emotional health, and earning potential of the spouse seeking maintenance
- Difficulty for the spouses to pay child support and meet minimum reasonable needs
- Actions of each spouse, such as concealment, extreme spending, fraud, or property-related losses
- Contributions of one spouse to the other’s education, training, or other impact on earning potential
- Misconduct within the marriage
- Acts or history of domestic violence
- Property either spouse contributed during the marriage
- Contributions of a spouse who is a homemaker
What Is Contractual Alimony?
Contractual alimony is an agreement between spouses to provide spousal support after the dissolution of the marriage. The payments and duration do not fall within the limits established by the Texas Family Code. So, monthly payments may be higher than the recipient might gain from a court order.
However, contractual alimony is more difficult to modify or enforce. Traditional enforcement methods do not work because there was no court order. Instead, you have to file a civil suit.
The main benefit of contractual alimony is that you have more control over the terms. Working with a skilled alimony lawyer near you can put you in a better position during negotiations.
Spousal Support FAQ
What is the major difference between Alimony, Spousal Maintenance, and Temporary Spousal Support?
Alimony: This term is often used interchangeably with spousal maintenance in Texas, but it can also refer to contractual alimony which is a voluntary agreement between spouses for one to provide financial support to the other after the divorce is finalized. The terms of contractual alimony, including the amount and duration of payments, are typically determined by the spouses themselves and included in their divorce agreement. Temporary Spousal Support: This is a type of financial support that one spouse may be ordered to pay to the other during the divorce proceedings. It’s intended to provide immediate financial assistance to a lower-earning or non-earning spouse while the divorce is ongoing. The amount and duration of temporary spousal support are determined by the court based on a variety of factors, including each spouse’s financial resources and the standard of living established during the marriage. Spousal Maintenance: In Texas, spousal maintenance refers to financial support provided by one spouse to the other after the divorce is finalized. It’s typically awarded when one spouse will lack sufficient property to provide for their minimum reasonable needs after the divorce and they meet certain eligibility criteria, such as the marriage lasting 10 years or longer, or the spouse seeking support has a physical or mental disability. The amount and duration of spousal maintenance are determined by the court based on factors outlined in the Texas Family Code. Remember, the specific laws and regulations regarding these forms of support can vary, so it’s always best to consult with a knowledgeable family law attorney for advice tailored to your specific situation.
Does Texas Law consider infidelity when determining spousal support payments?
In Texas, infidelity can play a role in divorce proceedings, but it does not directly affect whether a spouse is eligible for spousal support or maintenance. According to the Texas Family Code, spousal maintenance may be awarded if the spouse seeking support will lack sufficient property to provide for their minimum reasonable needs and meets one of the following conditions: The other spouse was convicted of family violence within two years of the date of the filing of the suit for divorce or while the suit is pending. The marriage lasted 10 years or longer and the spouse seeking support lacks the ability to earn sufficient income to provide for their minimum reasonable needs. The spouse seeking support has a physical or mental disability that prevents them from earning sufficient income to provide for their minimum reasonable needs. A child of the marriage (of any age) has a physical or mental disability that prevents the spouse who cares for and supervises the child from earning sufficient income. However, while infidelity does not directly affect eligibility for spousal support, it can potentially impact the division of marital property. Texas is a community property state, which means that most property acquired during the marriage is considered jointly owned by both spouses and is divided fairly, but not necessarily equally, in a divorce. If one spouse has committed adultery, the court may take that into consideration when dividing the marital property. It’s important to note that these laws can be complex and the specific circumstances of your case can significantly impact the outcome. Therefore, it’s always best to consult with a knowledgeable family law attorney for advice tailored to your specific situation.
Consult an Attorney at The Bayley Law Firm
Contact The Bayley Law Firm for a consultation with experienced divorce lawyers if you need guidance on alimony or wish to file for divorce. Call our Houston law office at 832-979-6752 to schedule your confidential consultation. Our alimony attorneys are ready to answer your questions.
