One of the primary reasons people may delay divorce proceedings is financial dependency, especially when spousal support enforcement in Texas becomes a critical factor. Relying on your spouse’s income while not actively employed makes the prospect of divorce daunting. The obligation to pay bills and maintain financial stability can create a significant barrier to initiating divorce proceedings that may lead to spousal support enforcement issues if not addressed promptly. Instead of proceeding with a necessary divorce, you might find yourself postponing it due to feeling financially tied to your spouse.
This is not a new development. For years, spouses—primarily wives—who did not work found themselves in a precarious position when considering divorce. On the one hand, you could file for divorce but suffer in the short term due to a lack of income. Your bills don’t come to an end just because you file for divorce. Or, you could delay the divorce only to suffer through a bad marriage. Neither option was ideal by any means.
In 1995, the Texas Legislature transformed family law by codifying a law regarding spousal maintenance. The law would allow Texas family court judges to order spousal maintenance in certain circumstances. We will explore the requirements for receiving or paying spousal maintenance and what they mean for you. However, I would also like to share with you some thoughts on how likely you are to receive spousal maintenance in your case.
How can you be ordered to receive spousal maintenance?
Spousal maintenance is a needs-based consideration for the judge. The court will evaluate your income against your monthly expenses. If it finds that you cannot meet the minimum financial requirements, you may qualify for spousal maintenance. Your minimal, basic needs are what the judge will look to. This means rent, food, clothing, gas for your vehicle, and not much else.
You will notice that this does not mean that you are going to be able to live exactly how you used to in the manner that you had become accustomed to living, in other words. Spousal maintenance is not about maintaining a certain lifestyle. Rather, it is about subsistence. If you can’t afford the basics in life without financial assistance from your spouse, then you can have spousal maintenance ordered in your case.
Eligibility factors for spousal maintenance
The other side of the coin on this issue is that your spouse must be able to afford to pay you the spousal maintenance. If your spouse lacks any income to pay spousal maintenance, the court will not order it. This is why it is so crucial for you and your spouse to be able to submit detailed accountings to the judge of your household budget. Any mistake in the process could affect whether the court orders spousal maintenance in your case.
Keep in mind that the length of your marriage is a crucial factor in obtaining spousal maintenance. You and your spouse must be married for at least ten years for a judge to grant spousal maintenance. Depending on the length of your marriage, you might qualify for a longer duration of spousal maintenance. Most spousal maintenance awards last no more than seven years.
If you and your spouse have been married for fewer than ten years, you likely cannot receive spousal maintenance in a divorce. However, some exceptions exist. For example, if your spouse has faced charges for domestic or family violence within two years before you file for divorce, you may still qualify for spousal maintenance, even if your marriage lasted less than ten years.
Disability and spousal maintenance in Texas divorce
Next, a court could look at a circumstance involving disability for you or your child and award your spousal maintenance. If you cannot work due to a disability, you may qualify for spousal maintenance in your divorce. Similarly, if you serve as the caregiver for a disabled child and cannot work because of that responsibility, you could also be awarded spousal maintenance.
When it comes to being able to prove a disability or a disabling condition that prevents you from working, sometimes things are less obvious to your spouse or a family court judge than they are to you. You and your attorney must diligently prepare to present evidence to the family court judge to show that you or your child is disabled. Testimony from a medical professional may be necessary. For instance, a doctor, nurse, social worker, or certified nursing assistant can provide valuable evidence to demonstrate your or your child’s disability.
Preparing documentation for spousal maintenance
Having your documentation in order as far as being able to submit medical records or statements from government entities to certify a disability is also important. You may have had to turn these documents over to your spouse as a part of the discovery. Either way, this should not be something that you leave up in the air until the morning before mediation. Rather, you and your attorney should be working on this step of the process long before you reach a point where there is a hearing, trial, or mediation date upcoming.
These are the basic grounds for spousal maintenance in Texas. A family court judge is the only one who can award spousal maintenance. Even then, obtaining this support can be challenging. You should have a solid plan for presenting your case on why you deserve spousal maintenance. Merely hoping for the best or failing to prepare diligently can lead to disappointing outcomes if you aim to secure this support following your divorce.
Is there a presumption against spousal support in Texas?
Now that we have covered the reasons you might receive spousal maintenance in your Texas divorce, let’s discuss the factors that may work against you in securing this important benefit. Most Texas courts start with the assumption that you do not need spousal maintenance. It is only after you can show that it is a necessity for you that a family judge will order that your spouse pay you spousal maintenance for any length of time.
A family court judge will not simply consider your circumstances and decide it would be nice for you to receive spousal maintenance on top of any child support or the way your community estate was divided. The division of your community estate can impact the amount of spousal maintenance you receive, if any. If your community estate provides you with sufficient liquid assets that can be sold to support yourself after the divorce, a judge may decide that you do not need spousal maintenance at all.
Even if granted spousal maintenance in the divorce, it’s typically not indefinite. Even marriages over 30 years rarely see spousal maintenance for more than 10 years. In cases of disability, a judge may schedule a review to assess ongoing needs, ensuring fairness regarding future support obligations.
Is there a limit to how much spousal maintenance can be awarded
If awarded spousal maintenance, the amount is based on your contributions to the marriage. Stay-at-home parents and spouses can rest assured that household contributions count, including childcare, meal preparation, cleaning, maintenance, and transportation, all valued in monetary terms.
It’s crucial for the judge to assess your spouse’s ability to pay spousal maintenance. Both of you must provide detailed financial accounts or budgets to demonstrate your monthly income and expenses. If your spouse lacks the discretionary income to pay spousal maintenance, the judge will not order it. As my grandpa used to say, “It’s easier to get blood out of a turnip than money out of someone who doesn’t have it.”
As we mentioned at the beginning of today’s blog post, you need to consider your spouse’s criminal history. If your spouse is in a position where he or she would have to pay spousal maintenance and has been a pattern of violent behavior in the home, then the judge may use this as an opportunity to compensate you for having gone through violence in the home previously.
Limits exist on the amount you can receive in spousal maintenance. The award of spousal maintenance cannot go beyond 20 percent of your spouse’s income or $5,000 per month. This is true even if you have no income yourself, live in an expensive part of town, or anything in between. Remember, spousal maintenance is not designed to support the lifestyle you enjoyed during your marriage.
What are the different types of spousal support?
So far in today’s blog post, we have used two terms to describe spousal support: spousal maintenance and spousal support. However, probably the term that we are all most familiar with is alimony when it comes to the idea of post-divorce spousal support. Many of us recognize the term “alimony” from movies and television shows. These portrayals often depict alimony as a means for individuals to maintain an extravagant lifestyle after divorce. For example, a young trophy wife of a wealthy older man might receive alimony, allowing her to continue living like royalty even after the marriage ends.
Alimony does exist in Texas. In Texas, what many refer to as “alimony” is officially known as contractual alimony. You and your spouse can include contractual alimony in your divorce if you both agree on a specific amount of money to support your household after the divorce. This arrangement might arise if you have never worked outside the home or if a disability prevents you from working. Regardless of the reason for seeking support, if both parties agree on the need for spousal support, you can proceed without needing to go before a family court judge.
Contractual alimony vs. spousal maintenance in Texas
Contractual alimony offers advantages over spousal maintenance by allowing you and your spouse to set the terms regarding the amount and duration of support. In contrast, spousal maintenance comes with specific limits on both the monthly payment amounts and the duration of support. With contractual alimony, you and your spouse have the flexibility to decide what is appropriate based on your unique circumstances.
However, if you are in the position of either paying contractual alimony or receiving contractual alimony there are also risks to this arrangement. For one, it is not possible to enforce an order for contractual alimony based on the Texas family code. Rather, your family court judge would utilize principles of contract law to enforce the order. In this way, the judge could only enforce an order to the point where he would be able to enforce his spousal maintenance order. If you receive contractual alimony that exceeds what you could have obtained through spousal maintenance, your ability to enforce that order may be limited.
Ending spousal maintenance in Texas: Cohabitation grounds
Additionally, there are ways for you to end your obligation to pay spousal maintenance. The most common method would be to file a motion to terminate the spousal maintenance if your former spouse begins to move in with a romantic partner. Cohabitating with someone that you are in a romantic relationship with is grounds to terminate spousal maintenance in Texas.
However, this is not the case when it comes to contractual alimony. Rather, you would need to insert language into your final decree of divorce making this the case so that it would apply to you in your circumstances. The last thing you would want to do is be in a position where you end up having to pay contractual alimony during a period where your former spouse is living with their boyfriend or girlfriend. In this way, your former spouse may be able to take advantage of three streams of income.
Final thoughts on spousal support
Spousal support enforcement in Texas is a consideration both during and after divorce proceedings. Various factors such as your circumstances, the size of your community estate, and your spouse’s financial capability play crucial roles in determining the amount and eligibility for spousal maintenance or contractual alimony. When you face significant stakes for yourself and your family, seek guidance from an experienced attorney at the Law Office of Bryan Fagan. They can help you navigate Texas divorce proceedings effectively and achieve your desired outcomes.
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-of-charge consultations six days a week in person, over the phone, and via video. These consultations offer an excellent opportunity to learn more about Texas family law and understand how your family’s circumstances may be affected by filing a divorce or child custody case.
Other Related Articles:
- Deciding Spousal Support in Same-Sex Divorces
- What is The Average Spousal Support Payment in Texas?
- Behind the Scenes of Spousal Support!
- Does cohabitation hold the potential to modify spousal support in Texas?
- Can Men Receive Spousal Support In Texas?
- Does Cheating Affect Spousal Support in Texas?
- How Long Do I Have To Pay Spousal Support?
- How Hard Is It To Get Spousal Support in Texas?
- Does Texas Have Spousal Support in Divorce?
- Temporary Spousal Support
