Many individuals going through divorce are apprehensive about the idea
of being required to pay a burdensome amount of money each month to their
ex-spouse for alimony. At the Law Office of Bryan Fagan, our
Houston divorce attorneys represent clients for alimony and
spousal support matters throughout the greater
Houston area. Contact us to secure experienced legal representation.
Houston Spousal Support Attorneys
You may have heard that there is no “alimony” in Texas. While it is true that there is no statutory or
common law spousal payment called “alimony” in this state, there are three spousal payment types in Texas that
are similar to the concept of alimony in other states:
- Temporary Spousal Support
- Spousal Maintenance
- Contractual Alimony
Temporary Spousal Support
Temporary spousal support is an equitable remedy that is often ordered by the court after a temporary
orders hearing. The general purpose of
temporary spousal support is to serve as a gap-filler between the amount of necessary monthly expenses
of the nonpaying spouse, and the other income sources available to him or her.
When couples divorce, they must make two households where only one existed
before. One spouse is likely to lack their own resources to pay for their
new household. If the court finds that one spouse does not have sufficient
assets to meet his or her necessary monthly expenses, and that the other
spouse has enough resources to pay extra, it is likely that the spouse
with greater assets will be ordered to pay temporary
spousal support while the
divorce is pending.
Spousal maintenance is a statutory remedy created by the Texas legislature that allows for
a court to award payments to a spouse after divorce for a brief period
of time under very limited circumstances. The legal remedy of spousal
maintenance is codified in Chapter 8 of the Texas Family Code.
spousal maintenance is ordered when one spouse can show to the court that he or she cannot
support themselves because of a physical or mental disability. Another
circumstance in which the court may order spousal maintenance is when
one spouse clearly lacks the ability to provide for his or her necessary
monthly expenses because he or she is taking care of a child who has special
needs. Even in the limited circumstance where a court does order spousal
maintenance, the period of time the payments must be made will be restricted
according to the relevant statutes and the discretion of the court. Spousal
maintenance payments ordered under Chapter 8 of the Texas Family Code
are enforceable by contempt and may be subject to a wage withholding order
issued to the paying spouse’s employer.
A person going through divorce may agree to make regular payments to the
other spouse as contractual alimony as part of the property settlement.
This type of agreement is referred to as contractual alimony. While courts
in Texas do not usually order a spouse to make spousal maintenance payments
to the other, it is fairly common for a final agreement to include a
contractual alimony provision. There are a variety of reasons entering into such an agreement, but one
common one is to equalize the division of marital property while providing
one spouse with a steady income stream and the paying spouse with a potential
Alimony under the Internal Revenue Code
The term “alimony” also has a meaning for tax purposes under the Internal Revenue
Code. In general, payments considered alimony under the definition in the
Internal Revenue Code are taxable as income to the person receiving the payments and tax deductible
to the person making the payments
If you want to know more about what you can do,
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“16 Steps to Help You Plan & Prepare for Your Texas Divorce”
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Law Office of Bryan Fagan | Houston, Texas Divorce Lawyers
The Law Office of Bryan Fagan routinely handles matters that affect children
and families. If you have questions regarding
divorce, it's important to speak with one of our
Spring, TX Divorce Lawyers right away to protect your rights.
divorce lawyers in Spring TX are skilled at listening to your goals during this trying process and
developing a strategy to meet those goals.
Contact Law Office of Bryan Fagan by calling (281) 810-9760 or submit your contact information in our online
form. The Law Office of Bryan Fagan handles
Divorce cases in Spring, Texas, Cypress, Klein,
The Woodlands, the FM 1960 area, or surrounding areas, including
Fort Bend County and