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The current state of alimony in Texas reflects the state’s evolving approach to spousal support. Historically, Texas did not allow alimony, in line with its emphasis on self-sufficiency. However, in 1995, the state introduced spousal maintenance, permitting post-divorce financial support under specific circumstances. This change opened the door for individuals to seek support if certain criteria are met. In this guide, we’ll explore the types of alimony available in Texas and explain how they may apply to your case.
A Brief History of Alimony in Texas
Texans have traditionally valued self-reliance, which influenced laws around alimony. Community property laws also aim to reduce the need for post-divorce financial support. Before 1995, Texas prohibited court-ordered alimony. However, contractual agreements between spouses were allowed. These agreements enabled one spouse to provide financial support to the other after divorce, as long as both parties agreed.
In 1995, Texas became the last state to adopt spousal maintenance laws. These laws introduced specific circumstances under which financial support could be court-ordered.
Types of Alimony in Texas
Contractual Alimony
This type of alimony results from an agreement between spouses. The terms are outlined in the divorce settlement and are enforceable under Texas contract law. If one spouse fails to meet their obligation, the other can pursue legal remedies, but not through family court contempt actions.
Spousal Maintenance
Spousal maintenance is court-ordered financial support granted under specific conditions. This type of support aims to help a spouse meet basic needs when they cannot do so independently. Texas courts have strict eligibility requirements for granting spousal maintenance.
Key Differences Between Contractual Alimony and Spousal Maintenance
- Voluntary vs Court-Ordered:
- Contractual alimony depends on mutual agreement.
- Spousal maintenance requires a court order.
- Enforcement:
- Contractual alimony is enforceable under contract law.
- Spousal maintenance is enforceable through family courts, including contempt proceedings.
- Terms:
- Contractual alimony terms depend on the spouses’ agreement.
- Spousal maintenance terms are set by Texas family law, including limits on duration and amounts.
Court-Ordered Spousal Maintenance: Eligibility and Requirements
To qualify for spousal maintenance in Texas, you must meet specific criteria. These include demonstrating a financial need and meeting at least one of the following conditions:
- Family Violence:
- Your spouse must have been convicted or received deferred adjudication for family violence within two years before the divorce filing or during the divorce process.
- Marriage Duration:
- You must have been married for at least ten years and lack sufficient resources to meet basic needs.
Family Violence and Spousal Maintenance
Family violence plays a significant role in spousal maintenance eligibility. To qualify under this condition:
- The violence must meet the definition under Title 4 of the Texas Penal Code.
- The offending spouse must have been convicted or received deferred adjudication for the act.
The law considers physical harm, bodily injury, assault, or sexual assault as qualifying acts. Threats that create a reasonable fear of harm also count. These criteria apply even if the violent act occurred before marriage or during dating.
Spousal Maintenance for Long-Term Marriages
Spousal maintenance for marriages lasting ten years or more involves additional requirements:
- You must show that you lack sufficient resources to meet basic needs, including those provided through community property division.
- Courts evaluate your ability to support yourself through employment, considering factors like education, work history, and job market opportunities.
Defining Minimum Reasonable Needs
Texas law defines “minimum reasonable needs” based on individual circumstances. Courts consider factors like housing, utilities, food, clothing, and other essential expenses. To strengthen your case:
- Provide an itemized list of monthly expenses.
- Include evidence such as bills, pay stubs, and educational qualifications.
Courts may also consider your ability to sell assets awarded during the divorce. Liquid assets can reduce the need for spousal maintenance.
Additional Factors Impacting Eligibility
Physical or Mental Disability
You may qualify for spousal maintenance if you cannot work due to a physical or mental disability. Courts require substantial evidence, such as medical records or disability determinations from government agencies.
Custodial Parent Responsibilities
If you care for a child with a physical or mental disability, you may qualify for spousal maintenance. Courts assess the level of care required and whether it prevents you from working.
Earning Capacity
A lack of earning capacity due to limited work experience or education can qualify you for spousal maintenance. This often applies to spouses who sacrificed careers to manage household or childcare responsibilities.
Duration and Amount of Spousal Maintenance
Texas limits the duration and amount of spousal maintenance. The length of payments depends on factors like marriage duration and the circumstances leading to the award. For example:
- Marriage of 10-20 years: Up to five years.
- Marriage of 20-30 years: Up to seven years.
- Marriage of 30+ years: Up to ten years.
Payments cannot exceed 20% of the paying spouse’s gross income or $5,000 per month, whichever is lower.
Building a Strong Case for Spousal Maintenance
If you seek spousal maintenance, preparation is essential. Gather evidence to prove your financial need and eligibility. Key steps include:
- Preparing detailed budgets.
- Obtaining medical or disability documentation if applicable.
- Highlighting job market challenges based on your skills and experience.
An experienced family law attorney can guide you through the process and help you present a compelling case.
Key Takeaways on Spousal Maintenance and Alimony in Texas
The current state of alimony in Texas includes spousal maintenance, which offers temporary financial support for individuals who genuinely need it after a divorce. Understanding the distinction between contractual alimony and spousal maintenance, along with the eligibility criteria for both, is crucial for navigating the divorce process. Proper preparation, solid evidence, and expert legal guidance are key to securing the support you need to move forward with confidence and stability after divorce.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
If you have any questions about the material contained in today’s blog post, please do not hesitate to contact the Law Office of Bryan Fagan. Our licensed family law attorneys offer free consultations by phone, in person, and via video. These consultations are an excellent way for you to learn more about Texas family law and how your family circumstances may be impacted by the filing of a divorce or child custody case.
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