In Texas divorce law, spousal support encompasses various forms, determining who is entitled to receive spousal support to support their well-being during and after divorce. These payments include temporary spousal support, contractual alimony, and spousal maintenance, depending on the timing and terms of the payment arrangement.
You and I hear about alimony far more often than the other two methods of spousal support that I listed above. It is typical for movies, television, the news, etc., to call every kind of spousal support alimony. I can’t speak for other states, but this can be confusing for us Texans who have multiple types of spousal support that can impact persons going through a divorce. Ultimately, you must establish a need to either receive or pay spousal support in any of its forms due to a divorce case.
One advantage of Texas laws on spousal support is that the Texas Family Code clearly outlines the requirements for receiving spousal support. It also specifies the factors a judge should consider when deciding whether to order spousal maintenance as part of a divorce trial. It has not been all that long, relatively speaking, since spousal maintenance was not something that a court could order in a divorce case. Even now, courts typically hesitate to order spousal maintenance unless one spouse faces circumstances that would prevent them from meeting their basic living needs.
Navigating spousal support in Texas divorce
Because the Texas Family Code clearly outlines the requirements and factors for spousal support, you should ensure you understand your case and how it aligns with these guidelines. You may believe in your heart of hearts that you require spousal support, but the law and, therefore, the judge may feel differently. If your material well-being depends on your understanding of this issue, then stick around and read through today’s blog post very carefully.
In today’s blog post from the Law Office of Bryan Fagan, we will discuss this topic in detail so that you can understand the ins and outs of the spousal support world in a Texas divorce. I’ve noticed that clients often have expectations about spousal support that differ significantly from the reality of receiving it. I want to put forth some effort today to make sure that you have an opportunity to learn about this process before actually becoming involved in your divorce case.
What exactly is temporary spousal support?
Alimony encompasses temporary spousal support, spousal maintenance, or contractual alimony, depending on the status and stage of your case in Texas.
Temporary spousal support provides quick financial relief during divorce proceedings. If your spouse has moved out, leaving you to handle household expenses and support your children alone, the court may order temporary spousal support. This support helps cover essential needs like mortgage payments, bills, and school tuition. It is especially helpful if you are unemployed and need time to find a job, particularly if there is a significant income disparity between you and your spouse.
Many people underestimate how difficult it can be for themselves or their spouses to get back on their feet during a divorce and provide for themselves. When a spouse has not been working for years and years due to their staying at home and raising a family, it can be a challenge to ease back into the workforce. In some cases, you may have given up a chance to develop your professional career to stay at home and raise kids while your spouse earned an advanced degree and created a great deal of professional experience.
To maintain the household during the divorce, the court may order temporary spousal support. You and your spouse might agree on a specific amount of spousal support during mediation. In the alternative, a judge may order temporary spousal support in a brief order hearing. If you need to go through a hearing, you must present an accurate budget for your household expenses and income to the judge. From that, a judge can determine whether you need temporary spousal support on a pure dollar and cents level.
Spousal maintenance and contractual alimony
Spousal maintenance and contractual alimony are forms of spousal support that can go into effect after a divorce has concluded. The main difference between the two is how they come about. A judge would order spousal maintenance as a result of a divorce trial. Contractual alimony is essentially a contract or agreement between you and your spouse. In this arrangement, one spouse pays a specified amount of money to the other after the divorce.
When do you see contractual alimony or spousal maintenance ordered in a divorce? I think the typical situation would involve a divorce where you have a relatively low income (or none at all due to being out of the workforce), and your spouse has a relatively high income. Since you have put your ambitions and professional aspirations aside to maintain a home and raise a family, you are likely in a disadvantageous position as far as providing for yourself without your spouse’s financial assistance.
For these reasons, your spouse may agree to pay you a certain sum of money monthly for a specific time to help you fill the gaps in your budget. This is contractual alimony. Conversely, a trial may result in your spouse being ordered to pay you support for similar reasons. This is spousal maintenance. Keep in mind that these are likely not going to be lifetime payments or anything close to it. Conversely, a trial may result in your spouse being ordered to pay you support for similar reasons.
How can you become eligible to receive spousal maintenance or contractual alimony?
You can negotiate for contractual alimony based on your needs or in exchange for specific parts of the community estate in many cases. For instance, instead of dividing your spouse’s retirement account, you might agree to receive alimony payments for a defined period post-divorce. You should make such decisions in consultation with your attorney, taking your unique circumstances into account.
Spousal maintenance eligibility hinges on a marriage of at least ten years, except in cases of domestic violence or primary caretaking for a disabled child or yourself. To demonstrate your inability to meet minimum reasonable needs, you must evaluate your education, work history, employability, and any separate or community property that could cover your needs instead of relying on spousal maintenance.
Depending on the length of your marriage, the size of your spousal maintenance award can vary. For example, if you and your spouse were married for 10 to 19 years before your divorce, a judge can order a maximum of five years of spousal maintenance. A marriage of between 20-29 years would enable you to receive at most seven years of spousal maintenance. Finally, a marriage that has lasted 30 or more years would allow an award of spousal maintenance that lasts for up to 10 years in duration.
You might be wondering how much spousal maintenance you could receive if awarded. First, the court will calculate your spouse’s average gross monthly income. Then, a judge will determine which amount is smaller: 20% of their gross monthly income or $2,500. The smaller amount will be the figure you are eligible to receive in spousal maintenance.
Factors that a court considers when ordering spousal maintenance?
Keep in mind that when I tell you what factors a court would consider when awarding spousal maintenance, the same factors apply when negotiating contractual alimony with your spouse. Both of you will be (or should be) aware of these factors during negotiations. Keeping them in mind will allow you to understand what a judge is likely to order in a trial if your talks do not result in a settlement regarding the issue of spousal support.
Factors in Texas spousal maintenance awards
A family court judge has significant discretion to make decisions and apply their judgment when handling divorce cases. However, the Texas Family Code does lay out some factors that a family court judge should consider when determining whether an award of spousal maintenance is justified.
The court will prioritize basic living expenses that can be covered by separate or community property. If you have enough property to sell or liquidate to eliminate the need for spousal maintenance, the court will not award it to you. Judges will not bend over backward to award spousal maintenance, in other words.
The court will compare your spouse’s income level to yours, or to your lack of income. What does your household budget look like? If you can cover your bills with the income, you are starting to generate from a new job or have a property you can quickly sell to get you on your feet after a divorce, then your ability to win a spousal maintenance award is pretty low. You may be better off trying your best to negotiate a contractual alimony payment from mediation in these circumstances.
Factors influencing spousal maintenance awards
Suppose you have a college degree, vocational training, or any other type of job experience that would allow you to land a job to meet your basic needs. In that situation, this factor would work against your chances of receiving spousal maintenance in the divorce. Not everyone in your position can slide into a new work role, however seamlessly. Based on your life experiences, you may have been in the home more than you were in the classroom or the workplace. Spousal maintenance aims to help you finish your degree or gain the necessary experience to support yourself.
The court will also consider the fault of either you or your spouse in the breakup of the marriage. For instance, if your husband cheated and caused harm to your family, this may strengthen your case for spousal maintenance. Conversely, if you contributed to the marriage’s breakdown and now seek spousal maintenance, you will likely face challenges in obtaining it.
Finally, suppose you are the day-to-day caretaker for a child who has a disability or a disability that prevents you from working. In that case, you are more likely to receive spousal maintenance. Under these circumstances, the court may also grant spousal maintenance on an indefinite basis.
Conclusion
Understanding “who is entitled to spousal support” under Texas divorce law involves navigating the nuances of temporary spousal support, contractual alimony, and spousal maintenance. These provisions aim to provide financial support to a spouse during and after divorce proceedings, ensuring their well-being is upheld. Whether through court-ordered payments or agreements between spouses, the determination of spousal support hinges on various factors such as financial need, duration of the marriage, and individual circumstances. By comprehending these elements, individuals can better navigate divorce proceedings and ensure equitable outcomes in terms of financial support.
Questions about alimony and divorce? Contact the Law Office of Bryan Fagan
If you have any questions about the material that we shared with you today, please do not hesitate to contact the Law Office of Bryan Fagan. Our licensed family law attorneys offer free-of-charge consultations six days a week here in our office. These consultations are an excellent opportunity for you to learn more about the law, our law office, and any other subjects you are interested in. Our attorneys will also provide you with direct feedback about you and your case.
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Law Office of Bryan Fagan, PLLC | Houston, Texas Child Custody Lawyers
The Law Office of Bryan Fagan, PLLC, routinely handles matters that affect children and families. If you have questions regarding child custody, it’s essential to speak with one of our Houston, TX, child custody lawyers right away to protect your rights.
Our child custody lawyers in Houston, TX, are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact the Law Office of Bryan Fagan, PLLC by calling (713) 564-7029 or submit your contact information in our online form.
Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.
