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At our office, one of the most common questions we receive regarding alimony is about the duration and amount of spousal maintenance. Understanding the alimony factors that influence these decisions is crucial, as the Texas Family Code places limits on how much can be awarded. Specifically, a judge can order spousal maintenance to be no more than 20% of your average monthly gross income or $5,000—whichever amount is lower. It’s important to be aware of these limits when considering Texas spousal maintenance, as they play a critical role in determining the financial support awarded.
Generally, courts order spousal maintenance for the shortest period necessary to help your spouse regain stability after a divorce. Consider that your spouse may have been out of work for many years, may have stopped their education midway from taking care of children, or any other circumstances that may have limited their financial wherewithal. As a result, if a court determines that spousal maintenance is necessary, it will still aim to set the shortest duration possible.
Are there caps on how long spousal maintenance can be paid based on the length of your marriage?
Typically, the length of your marriage dictates how long you can receive special maintenance. However, if a court finds evidence of family violence, this rule changes. If you or your spouse experienced family violence, the standard requirement of a minimum 10-year marriage to qualify for spousal maintenance does not apply. In such cases, you might receive special maintenance for up to five years, regardless of the marriage’s duration. Outside of these circumstances, Texas imposes caps on the duration of special maintenance orders.
Marriages lasting between 10 and 20 years may qualify for up to five years of special maintenance. For marriages of 20 to 30 years, courts can award special maintenance for up to seven years. If the marriage lasted 30 years or more, the award could extend to 10 years. If you or your child has a disability, the court can award special maintenance for an indefinite period, as long as the disability continues and your spouse remains unable to work.
How can you enforce a court order for spousal maintenance?
If your spouse convinces a judge that they need spousal maintenance, they must still ensure that they can enforce the order in the future. Remember, neither the judge nor a police officer will continuously monitor the payments to ensure compliance. It would be who’s your spouse to be able to have a court order that allows for them to enforce the pronouncement on spousal maintenance if you refuse to pay.
Enforcement of spousal maintenance means that your spouse would file a lawsuit seeking to uphold the terms contained in your final decree of divorce regarding this parcel maintenance. Possible punishments for the failure to pace vessel maintenance in the future include court fines, attorney fees, and even jail time in extreme circumstances. However, there is no sure thing when enforcing any portion of a final decree of divorce, especially when that portion regards special maintenance.
The reason why is that you can file a counter lawsuit and ask the court to reduce the amount of spousal maintenance you have to pay or eliminate it if a material and substantial change has occurred in your life or that of your spouse you may be able to have your spousal maintenance obligations significantly reduced. An example of a substantial and material change will be that you are having problems or have been unable to meet your monthly expenses due to a reduction in your income or if you haven’t outright inability to pay special maintenance for any number of reasons.
Possible defenses against spousal maintenance
As the spouse ordered to pay special maintenance, you have several defenses available. First, you could argue that you could not provide the spousal maintenance amount the court ordered. This is pretty straightforward. What you would need to do is offer evidence showing that you have had a significant reduction in income or a reduction in your ability to pay spousal maintenance due to any other cause. For example, if you have had new children with a different partner and these children require urgent medical care or other essential financial support, you might use this as a defense to justify not paying the ordered spousal maintenance.
Alternatively, you could argue that you have insufficient property to sell in order to raise the funds required for spousal maintenance. This is a tougher argument to make, in my opinion, because the Community property laws in Texas call for a fairly even split of Community property in most horses. In many other states, the spouse who earns more often receives a larger share of the community property. With that said, Texas does not adhere to similar laws or principles, and therefore I think this is a weaker argument to try to make in most scenarios. However, if you and your spouse own little property and entered into the marriage with little in the way of the property, you may be able to make a successful argument.
Strategies for contesting spousal maintenance obligations
Third, you could argue that you could not borrow the necessary money to come up with the funds to pay special maintenance. Nobody wants to incur debt, period. Last year, many people resolved to reduce or eliminate their debt to prepare better for emergencies like a pandemic. However, in some divorce cases, a court may order a spouse to seek loans to cover various expenses, including special maintenance. If you lack a credit score, do not have a job, and cannot secure a loan to pay the spousal maintenance, you can use this situation as a defense in court.
Finally, you can argue that you were unaware of any sources other than your income from which to pay special maintenance. On its face, this would seem to be the least compelling of all the arguments. You would be arguing that you were unaware of any sources from which you could obtain the necessary money to pay special maintenance. With so many sources out there for you to earn an income and borrow money sufficient to pay the maintenance requirements, I don’t see this as being a solid argument, but under the law, in Texas, it is available for you to make in court.
What are the circumstances that would lead to an elimination of your obligation to pay spousal maintenance?
There are certain circumstances under the law in Texas that would eliminate any future need to pay spousal maintenance. A fairly straightforward example would be if you were to pass away. By the same token, if your ex-spouse receives the spousal maintenance or passes away, the application to pay would also end. You cannot be ordered to pay special maintenance if you were not previously required to do so. Additionally, your ex-spouse’s heirs cannot appeal to a judge to claim any spousal maintenance that your ex-spouse was receiving.
If your ex-spouse were to remarry, then your obligation to pay the spousal support would end. It doesn’t matter under what circumstances they got married or whether their new spouse earns an income. Having another person available to contribute to the household would eliminate your need to pay spousal maintenance. Keep in mind that spouses have an obligation under Texas law to support one another financially, and this would eliminate your need under your final decree of divorce spouse financially.
The most compelling and challenging way to contest a spousal maintenance obligation is to argue that your ex-spouse is living continuously with another person in a romantic relationship. In other words, you would need to argue that your ex-spouse has started living with the person in a dating relationship within the same home. Having to make this argument can be tricky. You would need to present evidence that not only are the two people living together and have been doing so continuously, but they are in a dating relationship.
What happens if you do not have the money to pay for the required special maintenance?
Not having the necessary funds to pay this vessel maintenance he will order to make each month is a reasonable position to find yourself in. This does not mean you are a bad person or are neglecting your responsibilities, but it just means you could have run into some bad luck or found yourself in a tough financial spot after the pandemic. As I have mentioned in a prior blog post, the family court judge in your divorce should have done a thorough examination to determine whether or not you have the wherewithal and ability to pay special maintenance moving forward.
If a spouse cannot meet the financial requirements to pay special maintenance, the court may award a larger portion of the community estate to the other spouse. It is rare for a court to order spousal maintenance while also assigning a disproportionate share of the community estate to the ex-spouse.
Keep in mind that the impact of your asking for spousal maintenance can impact your life moving forward. Even if you can convince a judge that you should be paid spousal maintenance as a result of your divorce, you may be harming your future relationship with your ex-spouse. That may not matter to you all that much right now as you are getting through a divorce, but in the future, I can almost promise you that having a good relationship with him or her will be important not only to you but to your children. I have seen relationships forever harmed due to misguided attempts to win benefits like special maintenance. Consider your actual need before pursuing this in a divorce.
What is contractual alimony, and do you have a chance to get it in your divorce?
So far, we have been discussing spousal maintenance in detail during our blog post. Now I would like to discuss the other type of post-divorce spousal support known as contractual alimony. As opposed to spousal maintenance, contractual alimony is voluntary as far as it is paid, how much will be paid, and how long it will last. I would also like to discuss what circumstances can come into play as far as having but the responsibility to pay contractual alimony set aside. Keep in mind that contractual alimony is voluntary and therefore requires you and your spouse to agree on it rather than have a judge order these payments involuntarily.
Understanding Contractual Alimony Eligibility in Texas
To become eligible to receive contractual alimony, there are no legal requirements in the Texas family code. The primary requirement for awarding contractual alimony is having the financial resources to support it. If you and your spouse find yourself in a position where one of you needs support after the marriage, and there is the financial availability to do so, then set up an agreement whereby one of you pays the other a certain sum of money for a certain length of time in addition to child support. The specific terms of the agreement should be worked out in detail so that clear expectations are moving forward about responsibilities on both sides.
Remember, contractual alimony is not discretionary spending money. To demonstrate a genuine need, your spouse must show that the alimony is necessary to cover essential expenses such as mortgage, rent, utilities, and basic necessities for the children immediately after the divorce. Also, sometimes your spouse may need to complete education to have a chance at landing a job that pays well over a long period. Keep in mind that it may be wise to agree to pay a lump sum upfront for college or completing a degree, rather than paying smaller amounts over a long period.
Key Points on Contractual Alimony and Texas Spousal Maintenance Limits
If you were responsible for paying contractual alimony and your spouse were to pass away, then the obligation to pay ends. However, it’s important to note that your obligation to pay contractual alimony continues even if your ex-spouse remarries or starts cohabitating with a new partner. If you want to put certain conditions on the payment of contractual alimony, you should specify those conditions in your final decree of divorce so that no doubt or ambiguity is moving forward.
In conclusion, navigating the complexities of contractual alimony can be challenging, especially when considering the various alimony factors, including Texas spousal maintenance limits. While spousal maintenance is governed by family law guidelines set by a judge, contractual alimony agreements are subject to Texas contract law, which can make enforcement more complicated and potentially involve debt collection laws. Additionally, if a contractual alimony obligation extends beyond 10 years, it may become unenforceable in family court. By understanding these distinctions and the legal limits on alimony, you can make more informed decisions and effectively manage your obligations.
Other Related Articles
- How Proof of Adultery Affects Alimony in Texas: What You Need to Know
- Does Cheating Affect Alimony in Texas? What You Need to Know
- Legal Requirements for Alimony in Texas: A Complete Guide
- Are There Any Loopholes to Avoid Paying Alimony in a Texas Divorce?
- Enforcing Alimony Agreements and Court Orders
- Supporting Disabled Spouses: A Guide to Spousal Maintenance in Texas
- Enforcing an Award of Spousal Maintenance in a Texas Family Law Case
- Spousal Maintenance in Texas: Facts and Misconceptions
- Do you need spousal maintenance in Texas?
- Spousal maintenance: What you need to know in a Texas divorce
Questions about the material contained in today’s blog post? contact the Law Office of Bryan Fagan
if you have any questions about what you just read 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 are a great way to learn more about your case and family law in Texas. Our family law attorneys serve proudly on behalf of our clients in the family courts of Southeast Texas and would be honored to speak with you about doing the same for you and your family.
