The Top Five Need-to-Know Concepts for Spousal Maintenance in Texas

What determines spousal maintenance in Texas when it comes to divorce? While divorce is something known by all, the specifics of what controls different payments and conditions is rather complex and known by few. Do you feel overwhelmed by the potential for or process of divorce? If so, you aren’t alone. For many people, the process is not only emotionally overwhelming, but overwhelming in other ways as well due to its complexity.

While the laws surrounding spousal maintenance can vary according to state, Texas includes of the same rules and regulations as other areas. In fact, if you live in Texas and are confronted with divorce, you will need to familiarize yourself with only a few concepts to get a better handle on the situation. Do you think you understand divorce, or do you really know about everything that divorce entails? By reading the following need-to-know questions, you can find out.

1. What is Spousal Maintenance? Spousal maintenance, or alimony, is court-ordered money given to a spouse as part of a divorce. This maintenance can be awarded to both men and women depending upon their financial situation and ability to find work following the breakdown of a marriage.

2. Who is Eligible for Spousal Maintenance? When you need to figure out whether or not you’re eligible for spousal maintenance, you must remember that there are several factors to take into consideration. In Texas, there must be a case of family disturbance involved or a case in which one spouse cannot earn enough money to support reasonable needs. This may be the result of unemployment, injury, or the length of the marriage if it was over 10 years long.

3. What are the Factors That Determine Spousal Maintenance? When you think about spousal maintenance, what do you think plays a role in determining spousal maintenance? Financial resources, the potential for a spouse to find work, pre-marital property, and employment history are all things that can determine maintenance. Because your situation will have unique components, it’s important to remember that your maintenance may be very different from that of other people you know who may also be going through divorce.

4. How Much Will Spousal Maintenance Be? Of course, it is not up to you and your spouse to decide what kind of spousal maintenance will be rewarded. Instead, you will appear before the court and they will evaluate your needs based upon the factors mentioned above, among others. When reasonable need is established because of large differences in earning power, the spouse in need will be awarded maintenance for a period of time, or even permanently in some cases.

5. How Long Do I Have to Pay Spousal Maintenance? The timeframe for spousal maintenance can last months, years, or forever, depending upon the length of the marriage and other relevant factors such as education, a person’s age, and employment history. Longer marriages tend to result in longer periods of maintenance, and sometimes even permanent maintenance. This means that a husband or wife may have to pay their former spouse for different periods of time depending on these factors.

I’m hopeful that the facts above help you understand spousal maintenance in Texas better, as the process can be complicated. However, maintenance is just another part of the divorce process along with child support and the division of property. If you take the time to understand what you will be going through, I am confident that you will be able to handle the process much better, taking some of the common confusion out of divorce.