In a Texas divorce case, you’re likely facing numerous concerns, especially if you’re navigating it without children or significant assets. Simply hiring a lawyer, initiating legal proceedings, and dissolving a marriage of any duration can weigh heavily on your shoulders. If you’re feeling overwhelmed by an impending divorce, rest assured, you’re not alone. Many individuals reading this blog post today are in similar circumstances. Like you, they’re grappling with stress and uncertainty about managing through a challenging divorce proceeding. When it comes to navigating issues like temporary spousal support in Texas, understanding your rights and options can provide clarity and alleviate some of the burdens you may be facing.
There are ways for you to make it through a divorce and succeed and accomplish goals while involved in the process. I often tell people that the goal of your divorce should not just be to survive the process or end your marriage. Most people who start a divorce will eventually get divorced. However, the difference between getting divorced on someone else’s terms and getting divorced on your terms is significant.
That is where proper planning and diligent effort come into play; when you become intentional about near divorce and begin to come up with goals for the case, that is when you can take advantage of your circumstances and make the best out of a bad situation.
Strategic divorce planning: why hiring an attorney matters for financial success
I am not here to tell you that you can suddenly turn a divorce into the greatest experience of your life. That would be silly. However, you can and should take the process seriously and devote time and effort towards being intentional about your case.
That begins and ends with hiring the right attorney for your case. If you were not aware, there is no requirement in the Texas family code for you to hire an attorney to represent you in your divorce. Many, if not most, people do hire attorneys to help them get through the divorce process. If you would like specific information about why I believe people should hire an attorney for divorce, then you can spend some time on our blog reading through dozens of posts that relate to the advantages of hiring an experienced divorce attorney for your divorce case. However, having an attorney by your side greatly enhances your ability to achieve meaningful goals in a divorce.
Almost without question, the number one goal and the number one concern, but most people going through a divorce have to do with finances. This is true because not every divorce case involves children, but all divorces involve some degree of property division between spouses. Instinctively, even if you didn’t know anything else about a divorce, you likely know this to be the case. You need to ask yourself what you can do to prepare for success in a divorce, financially speaking.
Temporary spousal assistance explained
Notably, I am thinking about if you are in a situation where you have been a stay-at-home parent or spouse for many years and are now finding yourself in need of an income, given that you and your spouse are living in separate households. While it sounds nice to say that you should take this opportunity to return to school, earn a certification, or 10 some vocational training as a means to distract yourself from the divorce, I realize that this may not be feasible for many parents. Likewise, even if you do not have children, you may lack the resources to go back to school or complete a certification to further yourself professionally.
The question remains then, what can you do to keep your head above water from a financial perspective during a Texas divorce? If you haven’t worked in many years or ever, are there options to ensure you maintain your household, provide enough food for your children, and create some breathing room in your budget while you sort out the issues inherent in a divorce?
Fortunately, Texas family courts have mechanisms in place to protect you in this type of situation. Namely, I am referencing temporary spousal support, spousal maintenance, and contractual alimony. These are different forms of financial assistance that your spouse can provide after a divorce if you can demonstrate a financial need. Proving this financial need brings us back to our earlier discussion about the advantage of having an attorney represent you.
Understanding spousal support in Texas divorce
In today’s blog post from the Law Office of Bryan Fagan, I will discuss what it means to request and receive spousal support during and after a divorce. Like anything else in family law, there is a process for achieving your goals; you know, I would like to go over acquiring temporary spousal support and spousal maintenance and contractual alimony after the conclusion of a divorce.
While no two divorces are exactly alike, my experience shows that the types of arguments and evidence needed to support a claim for spousal support are common across many divorce cases. For that reason, I think there is a great deal of merit in sharing this type of information with you all in today’s blog post. If you have additional questions at the end of today’s blog or if you face unique circumstances not covered in this post, I highly recommend reaching out to one of our attorneys.
The experienced family law attorneys with the Law Office of Bryan Fagan offer free of charge consultations six days a week. These consultations are a great opportunity for you to learn about the world of Texas family law and what a divorce can look like for your family, and how your family’s circumstances may change temporarily due to the firing of this type of case. With that straight, let’s talk about special support during and after a Texas divorce case.
Temporary spousal support
From a personal financial situation and perspective, the most significant aspect of divorce in this area of your life will be that your household income will decrease, at least temporarily, due to your divorce. It could be that you are the primary breadwinner in your family, and as a result, you are responsible for paying the bills and keeping the lights on in the house. That’s the case will likely be the one paying spousal support rather than receiving it. For today’s blog post, I will write about this subject as if you are a parent or spouse who has not worked in some time or has perhaps never worked outside of the house. If you find yourself in that type of situation where your household budget is about to undergo a significant change, what are your options for keeping your head above water financially during your divorce?
Probably the first step towards determining your actual needs when it comes to finances during a divorce is to create a brand new budget for your family. For some of you, this means updating a budget that you and your family have already created and been living on. On the other hand, your family may never have been keen to budget to plan for the future financially. As a result, this may require you to think about these subjects for the first time. If this is true, you will need to learn how to budget and develop a strategy for overtime.
Managing costs and strategizing financial stability during divorce
The cost of hiring an attorney, the possible need to pay for childcare for the first time during a divorce, and any costs associated with applying for jobs are all part and parcel of getting a divorce. These are costs that almost certainly were not a part of your budget before your divorce. Therefore, we need to develop a strategy to get organized and do so quickly when paying for these items. Once you have done so, you will have a good idea of your financial needs every month.
Should you be unable to provide for your minimal monthly needs based on your income, then it is likely that you will need to request spousal maintenance at least temporarily. The most significant factor in this discussion would be that your spouse has to have the ability to pay for the special maintenance. As the old saying goes, you cannot get blood out of a turnip. This means that if your spouse does not have money in the budget to spare, then no matter how much you beg or how effective your arguments are, a judge will not award you special maintenance. This is true either on a temporary or permanent basis after divorce comes to a close.
Creating a budget during your divorce is crucial if you plan to request temporary spousal support at a hearing. You must present your monthly income and expenses clearly. Simply asking for financial support without a detailed budget won’t suffice. Providing this information allows the judge to assess your need and determine if temporary spousal support is appropriate and feasible for your spouse.
Navigating temporary spousal support issues
Keep in mind that the spousal support you receive temporarily during your divorce is not meant to maintain a certain lifestyle. Instead, the court awards spousal support solely to meet your minimum financial needs each month. This is a significant factor for you to bear in mind. It may cause you to begin to make some adjustments to your lifestyle, if only temporarily. Even if you are fortunate enough to receive temporary spousal support, the amount may be quite small compared to your previous lifestyle.
Overall, negotiating temporary spousal support in mediation for temporary orders is generally easier. It is also simpler for a court to order during a temporary order hearing. On the other hand, having a court award you spousal maintenance or being able to negotiate for contractual alimony after the divorce may prove to be significantly more difficult. This is due not only to the circumstances of your case but also to the proclivity of family court judges in Texas not to award spousal maintenance unless it is necessary.
Spousal maintenance and contractual alimony
In Texas, there are two types of special support that you may be eligible for after your divorce comes to an end. The first is spousal maintenance. A court orders spousal maintenance after a divorce trial. Again, if you prove that you have a significant financial need and cannot meet your minimal bills every month with your income or from the Community property awarded to you in the divorce, then a judge may be able to issue an award for special maintenance. Typically, you can receive 20% of your spouse’s gross monthly income as spousal maintenance.
You can achieve contractual alimony in a mediation setting by negotiating post-divorce spousal support. In this negotiation, it is crucial to have an attorney who can help you present evidence supporting the need for contractual alimony. If your spouse is not convinced, they may decide to take the risk and see how a judge would rule on the matter. Therefore, you must clearly and thoroughly explain why you believe the trial would result in an order for spousal maintenance and why your spouse would benefit from agreeing to some degree of contractual alimony during mediation.
Limits on spousal maintenance in Texas divorce
There are limits on how long a court judge can award spousal maintenance. First, you and your spouse must have been married for at least ten years for any type of spousal maintenance to be ordered. An exception to this rule would be if you have a disability that prevents you from working, you are the primary caretaker for a child who has a disability, and due to this, you are unable to work, or you have been the victim of family violence within the past two years.
Otherwise, if you were married for less than ten years, you should not expect a family court judge to order spousal maintenance. Generally speaking, the longer you have married means, the longer the judge can award you special maintenance. Even so, family court judges have limits on how long spousal maintenance can be ordered in a divorce trial. Even for marriages lasting 40 years or more, you may find it challenging to get a family court judge to order maintenance for more than 10 years.
Simply put, most family court judges are not overly eager to award spousal maintenance in a divorce. A judge will be much more likely to award you a disproportionate share of your Community property not to obligate your spouse to pay you special millions after a divorce. In certain courts, in certain circumstances, these trends may be changing; this is a general rule that I will advise clients on. As a result, you need to be squared away as far as what case you will make as to why special maintenance is needed in a divorce trial.
Conclusion
Facing a divorce in Texas, even without children or significant assets, can be emotionally and legally daunting. The decision to seek temporary spousal support can significantly impact your financial stability during this transitional period. It’s essential to seek professional guidance to navigate the complexities of Texas divorce law and protect your rights. Remember, while the process may seem overwhelming, taking proactive steps to understand and address temporary spousal support can pave the way for a more manageable divorce journey. By seeking clarity and support, you can navigate this challenging time with greater confidence and preparation for the next chapter of your life.
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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.
