Are you concerned about spousal maintenance in your Texas divorce? Many people have heard divorce horror stories, often involving substantial payments to an ex-spouse. In this article, the Law Office of Bryan Fagan, PLLC breaks down the essentials of spousal maintenance in Texas divorces. We hope to help you better understand if it’s something you should worry about.
Spousal Maintenance in a Texas Divorce: What You Should Know
In a divorce, the primary goal is to establish a fair and equitable arrangement for dividing assets and responsibilities. This is true especially if you have children. Spousal maintenance, also known as alimony in some places, is one component of this process. It entails regular payments made from one spouse to the other after the divorce is finalized.
These payments typically continue for a specific period, as specified in the final divorce decree. Sometimes, it is ordered during the divorce proceedings and may extend beyond the divorce’s conclusion.
When Is Spousal Maintenance Likely to Be Ordered?
In reality, spousal maintenance isn’t commonly agreed upon or ordered by the court. Texas judges are cautious about awarding it. It usually arises in situations where one spouse has limited job prospects due to their role as a stay-at-home parent. An example is when a parent has stayed home to care for children instead of pursuing education or a career. They might receive spousal support as they lack the financial means to support themselves and their children after the divorce.
Types of Spousal Maintenance in Texas
In Texas, arrangements vary, and one type is known as contractual spousal maintenance. Specific laws or mandates do not govern this form. Basically, spouses with the financial capacity can voluntarily enter into a contract for spousal maintenance.
Typically, they agree on a limited period during which the receiving spouse has the opportunity to acquire education, skills, or employment opportunities. However, the ex-spouse’s ability to pay determines the receiving spouse’s right to contractual spousal maintenance, even if the agreement is part of the final divorce decree.
Another type is court-ordered spousal maintenance. Stay tuned for Part Two of our blog series, where we’ll delve deeper into this and other related topics. If you have any questions about spousal maintenance or other family law matters, feel free to contact the Law Office of Bryan Fagan, PLLC. We offer free consultations six days a week, and our experienced attorneys are here to provide guidance in a comfortable and informal setting.
Final Thoughts
In conclusion, while the concept of spousal maintenance in a Texas divorce might initially seem worrisome, understanding the legal criteria and processes can alleviate many concerns. Texas law provides specific guidelines and limitations on spousal maintenance, ensuring it is awarded only when truly necessary and for a defined period. By educating yourself on these factors, consulting with a knowledgeable attorney, and openly communicating with your spouse, you can navigate this aspect of divorce more confidently.
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Other Articles you may be interested in:
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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.
