...

Will I have to pay alimony?

Will I have to pay alimony

Divorce brings many financial questions, and alimony is often one of the biggest concerns. Texas law does not automatically require one spouse to support the other after a divorce. Courts only order spousal maintenance in specific situations, and even then, the payments have strict limits. Many people assume they will have to pay alimony, but that is not always the case. Understanding how Texas handles spousal support can help you prepare for what comes next.

Understanding Alimony and Spousal Maintenance in Texas

Determining if you will need to pay alimony or spousal maintenance in a Texas divorce is an important consideration. Many divorces do not involve spousal maintenance because courts rarely order it unless there is a demonstrated need. Most people do not have enough disposable income to cover their own household expenses while also supporting an ex-spouse. Courts will only require spousal maintenance if specific legal criteria are met, and even then, the amount and duration are limited.

Court-Ordered Spousal Maintenance

Spousal maintenance refers to payments a judge orders one spouse to make after a divorce. Texas law has strict requirements for granting spousal maintenance, including limits on how long payments last and how much can be awarded each month.

For a court to order spousal maintenance, the requesting spouse must prove:

  • The marriage lasted at least ten years.
  • They cannot meet their basic needs without financial support.
  • They lack sufficient income, assets, or earning potential to support themselves.

Judges also consider disabilities when deciding on spousal maintenance. If a spouse has a disability that prevents them from working, the court may order maintenance. The same applies if they care for a child with a disability, making it impossible to maintain employment. However, courts only grant spousal maintenance when evidence proves a real need and the paying spouse has the ability to afford it.

Contractual Alimony

Contractual alimony differs from court-ordered spousal maintenance. Many people assume that alimony is guaranteed in a divorce because of how it is portrayed in movies and TV shows. However, Texas does not automatically grant alimony, and state law does not include a general right to it. Instead, spouses can negotiate and agree to alimony as part of their divorce settlement.

When couples agree to contractual alimony, they create a legally binding contract. If one spouse fails to make the agreed-upon payments, the other must enforce the agreement through contract law rather than the Texas Family Code. This difference matters because contract law does not allow for penalties like jail time for nonpayment. Courts can enforce contractual alimony, but only to the extent allowed for spousal maintenance.

For example, if a couple agrees on contractual alimony payments of $20,000 per month for 50 years, the court may only enforce payments within the legal limits for spousal maintenance. This restriction may affect how much a spouse is willing to agree to in an alimony arrangement.

How Spousal Maintenance Is Calculated

Texas law sets strict limits on spousal maintenance payments. The maximum amount a judge can order is either:

  • 20% of the paying spouse’s average monthly gross income
  • $5,000 per month, whichever is lower

Gross income includes wages, salaries, tips, commissions, investment earnings, and other sources of income. If both spouses agree on a different amount during negotiations, the court does not restrict them to these limits. However, a judge cannot order spousal maintenance payments above the legal cap.

Will I have to pay alimony

How Long Spousal Maintenance Lasts

The length of time spousal maintenance payments last depends on the length of the marriage. Texas law limits maintenance as follows:

  • Up to 5 years for marriages lasting 10-20 years or if there was a recent family violence conviction.
  • Up to 7 years for marriages lasting 20-30 years.
  • Up to 10 years for marriages longer than 30 years.

Courts determine the shortest possible duration that allows the receiving spouse to become self-sufficient. The goal is to provide temporary support, not a permanent income source.

Factors That Affect Spousal Maintenance

Judges consider multiple factors when deciding on spousal maintenance, including:

  • The receiving spouse’s ability to earn income.
  • The length of time needed to find employment.
  • The age, education, and work history of the receiving spouse.
  • The physical and mental health of both spouses.
  • The job market and employment opportunities available.

If a spouse stayed home to raise children or support their partner’s career, courts may view this as a contributing factor. For example, if one spouse worked while the other attended school or gained experience in a profession, the court may factor in this contribution when deciding on spousal maintenance.

Can Spousal Maintenance Be Modified or Terminated?

Circumstances change after a divorce, and spousal maintenance payments can be modified or terminated under specific conditions.

Terminating Spousal Maintenance

If the receiving spouse remarries, maintenance automatically ends. It can also be terminated if they begin living with a new romantic partner. A paying spouse can file a motion to terminate maintenance based on cohabitation. However, proving cohabitation can be challenging.

Some people try to hide their cohabitation by maintaining separate addresses while still living together. Social media posts, shared expenses, or testimony from witnesses may help prove cohabitation in court. If a judge finds enough evidence, they will end the spousal maintenance obligation.

Modifying Spousal Maintenance

To request a modification, the paying spouse must prove a significant change in circumstances. Courts require a material and substantial change in financial status, such as:

  • Job loss or income reduction.
  • Medical disability preventing work.
  • Increased financial responsibilities or expenses.

The spouse requesting the modification must file a petition and provide supporting evidence. Courts do not grant modifications lightly, and a strong case must be presented to justify reducing or eliminating spousal maintenance payments.

Spousal maintenance and contractual alimony can have a major financial impact after divorce. Understanding the legal requirements and potential obligations can help you plan for your future.

If you have questions about spousal maintenance, contractual alimony, or modifying payments, consult a qualified family law attorney. Legal professionals can provide guidance, represent your interests, and help you navigate Texas divorce laws effectively.

Categories: Uncategorized

Share this article

spousal maintenance laws in 2021Previous

Category

Categories

Contact Law Office of Bryan Fagan, PLLC Today!

At the Law Office of Bryan Fagan, PLLC, the firm wants to get to know your case before they commit to work with you. They offer all potential clients a no-obligation, free consultation where you can discuss your case under the client-attorney privilege. This means that everything you say will be kept private and the firm will respectfully advise you at no charge. You can learn more about Texas divorce law and get a good idea of how you want to proceed with your case.

Plan Your Visit

Office Hours

Mon-Fri: 8 AM – 6 PM Saturday: By Appointment Only

"(Required)" indicates required fields