Spousal Maintenance and Support

 

“You have to pay her how much?” Maggie asks Bill on their second date after his recent divorce.

“We’re still working on the numbers but it’s not too much.  We’re trying to work it out on our own without the court getting involved. It’s called contractual alimony,” Bill says to Maggie as he tries to embrace another stressful component of his new post-divorce life.

Bill has heard about Texas spousal support, but he is just now walking though this uncharted territory and can use a map.

Well,if you are anything like Bill, I can be your guide.  Together we’ll explore the maze of legal jargon and discover how much cash might hit your bank account or leave it, as well as everything from court orders to spousal support eligibility.

By the end of our journey, you’ll not only understand Texas spousal support inside out—you’ll also be ready to tackle what comes next with confidence, even your next date.

Understanding Spousal Support in Texas

Alimony, in Texas, is called Spousal Maintenance. Spousal Maintenance means one spouse will have to make periodic payments to the other spouse. It is very hard to qualify for spousal maintenance in Texas. If a spouse gets spousal maintenance, the amount is likely to be low and the duration short. There are two key questions that need to be answered. Does the spouse qualify? What are the factors that will be considered?

The Nature of Spousal Support and Contractual Alimony

In the rodeo of post-divorce finances, you’ve got two riders: court-ordered maintenance and contractual alimony—same arena but different bulls to tackle. Court-ordered maintenance is when a judge lays down the law because one spouse can’t earn sufficient income alone due perhaps to lackluster employment skills or a scarcity of opportunities given their employment history.

On the other side, we have contractual alimony—a handshake agreement between exes that says, “I’ll help you out financially for a while.” It’s less ‘courtroom drama’ and more ‘let’s work this out over coffee.’ This type lets folks decide spousal support terms without putting on cowboy boots and stepping into legal stirrups.

Legal Basis for Spousal Support under Texas Law

If you’re seeking maintenance from your ex in Texas courts, there are rules straight from the horse’s mouth—the Texas Family Code. This big book of laws tells us who gets what based on factors like earning ability (or lack thereof), mental disability preventing gainful wrangling at work, even if family violence was involved—which isn’t just frowned upon; it could land someone paying extra pesos in support payments.

Calculating Spousal Support in Texas

When Texas courts set spousal support, they look at what’s fair, based on cold hard cash and real-life needs. It’s like piecing together a financial puzzle where every piece is your life: income, bills, and even how well you can work after years, maybe spent raising kids or supporting your spouse’s career.

Assessing Financial Resources and Earning Potential

The first stop on the spousal support train is checking out each spouse’s wallet—well, not literally. Courts look at the average monthly income and potential dough you could earn. So if one spouse makes it rain while the other scrapes by, this could sway maintenance amounts big time.

If you’ve been out of the job game for a while honing those PTA meeting skills instead of professional ones, fear not. The court also sizes up what employment skills you have—or could get— (think vocational programs). They know sometimes folks need a boost to start supporting themselves again.

Texas Family Code 8.052 lists relevant details courts should weigh when making a Texas spousal support calculation. Think Sherlock Holmes meets CPA—courts dig through evidence like marital lifestyle or if there was any family violence because let’s face it—that stuff matters when deciding who gets what from the marriage cookie jar.

Last but not least comes future earning capacity—a crystal ball gazing exercise where judges try predicting future income streams based on facts about health status or education level that shape earning ability down the road.

Please see here to see more about the factors courts consider when calculating spousal support payments in Texas.

Key Takeaway:

Texas courts take a deep dive into finances and needs to set fair spousal support. They check incomes, bills, earning potential, and past contributions like raising kids or supporting careers. It’s not just about the numbers; it’s about real life.

Eligibility for Spousal Support in Texas

Wondering if you can get a helping hand with finances after a divorce in the Lone Star State? Questioning whether you can acquire financial aid after a divorce in Texas isn’t just a matter of inquiring. In Texas, eligibility for spousal support hinges on specific conditions set by the state’s family code.

Texas Spousal Support Eligibility: The Basics

If you’re seeking maintenance, or what many call alimony Texas style, it may be awarded if just one of the following two scenarios apply.

Family violence

If one spouse was convicted of family violence, then that spouse may have to pay spousal support. The act of family violence has to be recent.

Marriages of long duration

Any one of the following conditions may be enough to qualify.

• Marriages of 10 years or more. The first condition is that the marriage has to be 10 years or longer. Shorter marriages will not qualify. The long-term spouse asking for maintenance also must be unable to make enough money to provide for his or her minimum reasonable needs. Minimum reasonable needs means the money to pay for shelter payments (rent or mortgage), medical expenses, car expenses, insurance costs, property taxes, food, groceries, and clothing.
• A spouse with a disability. The spouse asking for maintenance has to be unable to support himself or herself because of some physical or mental disability. Medical records will normally be used to show the disability.
• Special needs children. The spouse asking for maintenance has to be the custodian responsible for a special needs child. Taking care of that special needs child has to prevent the asking parent from earning a living.

Texas courts are strict about who gets spousal support. They look closely at whether one spouse lacks enough dough (that means both assets and income) post-divorce—and we’re talking about having real trouble meeting minimal living standards here—not just being unable to snag those fancy lattes every morning.

Diving Deeper into Determining Need

Earning ability is a major factor in deciding spousal maintenance too. Maybe age or rusty employment skills are holding back one spouse from making bank—that’ll factor into the equation along with how long they’d need to buff up their job chops through education or training.

A history of putting career aspirations aside for homemaking duties also weighs heavy when courts decide spousal maintenance. And let’s say an illness has tossed a wrench into someone’s earning potential; that’ll likely stir up some sympathy from judges pondering over periodic payments intended to smooth things out financially—at least temporarily.

In essence, becoming eligible is no cakewalk—it takes proving serious financial strain without enough resources stashed away either personally (spouse’s separate property) or shared during wedlock (community property).

Key Takeaway:

To score spousal support in Texas, you’ve got to show the court that you’re really strapped for cash after divorce and meet specific legal conditions. It’s not just about a short marriage or wanting extra spending money; it’s serious financial need and often involves long-term marriages, caregiving responsibilities, or dealing with domestic violence.

Factors Considered in Determining Spousal Support in Texas

If the Texas court decides a spouse is eligible, it will then review the amount, duration and nature of the payments. It will balance a number of factors before deciding how much is due. The factors it will consider include these:

1. The ability of each spouse to provide for their minimal reasonable needs
2. The education level and earning skills of each spouse. If schooling is required, the court will ask how much schooling is needed? What type of schooling is needed?
3. The number of years the spouses were married. The longer the couple was married the more the spousal maintenance will be.
4. The age, employment history, earning ability, physical and emotional condition of the spouse seeking maintenance.
5. Any child support payments that must be paid and the ability to care for any children.
6. Any bad behavior of the spouse such as failing to disclose community property, destroying community property.
7. Any help one spouse gave to the others spouse for education, training or ability to earn more money. Often times, one spouse will give up a career to help the other spouse advance.
8. The property each spouse brought to the marriage
9. Any homemaker contributions
10. Marital misconduct – such as adultery or cruel treatment. Injury caused by a spouse is an important consideration.
11. History of family violence

Modification and Termination of Spousal Support in Texas

Texas is like that friend who knows when to step in and when to back off. The Lone Star State gets that spousal support might need a shake-up post-divorce if circumstances change. So let’s talk about tweaking those maintenance orders.

Change Is In The Air: Modifying Spousal Support

Say your ex hits a financial homerun or you find yourself down on your luck—either way, it could be time for a modification of spousal support. A significant change in circumstances, either for the paying or receiving spouse, can open the door to adjusting payments. Think job loss, illness, or even winning the lottery (hey, we can dream.). But remember folks, court-ordered changes require solid proof that something big has gone down since the last gavel drop.

Closing Time: When Does Spousal Support End?

Texas will either say the spousal maintenance will continue for a set period of time or as long as a disability exists (of the spouse or a child). Generally, the amount of spousal maintenance is limited to the shortest time it takes the asking spouse to be able to support herself/himself. If other factors such as the needs of a young child are involved, the spousal maintenance requirement can be longer. For really long marriages, marriages over 30 years, the time limit is no more than ten years.

If a spouse remarries or dies, then spousal maintenance ends.

Key Takeaway:

Texas gets that life’s unpredictable and spousal support may need an update if your situation changes. You might tweak payments due to a new job, illness, or even a lottery win—but you’ll need solid evidence. Spousal support ends when someone dies, remarries, lives with a partner, or earns enough alone.

Duration of Spousal Support in Texas

Wondering how long you might be writing those spousal support checks or cashing them? In Texas, the period of spousal support isn’t standardized; it’s dependent on your individual circumstances and your specific situation.

Temporary vs. Long-Term Support: The Clock Is Ticking

Texas courts can order temporary spousal support during divorce proceedings to help a spouse stay financially stable until the ink dries on their single status. But once that gavel hits and says ‘You’re officially divorced,’ things change. If you get awarded long-term maintenance, here’s what to expect:

The standard cap is typically 5, 7, or 10 years — but there are exceptions for marriages lasting over 30 years where up to 10 years could be granted.

Determining Factors: When More Time Makes Sense

Sometimes though, if a disability prevents self-support or requires substantial care and personal supervision due to mental disability/incapacitating physical condition—or if family violence has led to deferred adjudication—the court may lean towards longer durations for peace of mind and security purposes.

If you’ve got questions about whether these factors apply to your case Texas Family Code Chapter 8 provides some clarity. Keep in mind that regardless of how much time has passed since your marriage ended, failing to pay up can land you back in court quickly..

A Change Can Do You Good… Or Not So Much

Last but not least: life happens. Jobs come and go just like exes do (hopefully). A significant shift in circumstances—think job loss or serious illness—might lead someone back into court asking for either less time paying out or more time cashing checks.

But remember folks—a judge won’t just take your word for it; they’ll need proof that things have truly changed before modifying any orders regarding the alimony rodeo ride’s duration.

Key Takeaway:

Spousal support in Texas tailors to your situation like a custom-fit pair of jeans, with durations that vary and can extend for certain conditions like disability or family violence. Keep an eye on life’s changes—they might just send you back to court.

Conclusion

So, you’ve ventured through the twists and turns of Texas spousal support. You now know it’s not a one-size-fits-all deal—it adapts to each unique situation.

Dig into your spouse’s earning ability and financial resources; they’re crucial in calculating support payments. Remember, the law aims for fairness—not hardship.

If you’re seeking maintenance, make sure you fit within Texas’ strict eligibility rules. Got enough property? If not, you might just qualify.

Life changes—and so can spousal support orders. Keep an eye on circumstances that could trigger a modification or termination.

Texas treats this journey seriously—so should you. Arm yourself with knowledge about duration and amounts because understanding Texas spousal support is power—and power leads to confidence in your new beginning.

“You know I hate that you’d be paying her but I see you’re a fair man, a kind man, so it makes sense you are trying to work it out on your own.  I think that’s why I like you,”  Maggie says to Bill.

Bill smiles and thinks how interesting it is that the guidelines in the Texas Spousal Support laws might have just landed him a third date.

Schedule a Consultation With Spousal Maintenance in Dallas From Our Firm

Spousal Maintenance and Support can be stressful and challenging, but you do not have to face it alone. Our team of experienced Dallas family attorneys is ready to provide you with the guidance, support, and legal advocacy you need during these challenging times.

Whether you are facing an ex-partner who is not making agreed upon spousal support payments or navigating other spousal support issues, we are here to help you every step of the way. We welcome you to schedule a consultation to discuss your situation and case objectives. We can answer your legal questions and discuss how we can help you move forward. Call our law office at (888)584-9614 or contact us online to schedule your consultation.