In the first post of our blog series about Spousal Maintenance in Texas divorces, we delved into the intricacies of court-ordered spousal maintenance. We also discussed the specific circumstances that justify its awarding. If you haven’t already, I suggest revisiting that entry for a comprehensive understanding. Misconceptions and partial truths about spousal support in Texas are widespread. Gaining clarity on this topic is crucial for a clear perspective pre-divorce.
The current entry addresses Contractual Spousal Maintenance, marking the conclusion of our series on this matter. Distinct from court-ordered maintenance, contractual spousal maintenance is a matter of mutual agreement, necessitating a detailed exploration of its nuances.
Key Points for Those Undergoing Divorce
As previously mentioned, a fundamental distinction between contractual and court-ordered spousal maintenance lies in its voluntary nature. This entails a mutual agreement between you and your spouse where one party agrees to provide support, and the other to receive it for a predetermined period. Such agreements typically arise during mediation or informal discussions between your and your spouse’s attorneys.
Texas Family Code or other statutory laws do not mandate a specific duration or amount for contractual spousal maintenance.
Contrary to court-ordered spousal maintenance, which is subject to limits in terms of amount and duration, contractual spousal maintenance operates differently.
The Importance of Stable Income for Non-Working Spouses Post-Divorce
Intentions to receive spousal maintenance post-divorce don’t negate aspirations to rejoin the workforce or gradually reintegrate into it. In fact, contractual spousal support can facilitate funding for additional training or educational expenses, aiding in job procurement.
Similarly, if the agreed plan involves staying in the family home and assuming mortgage liabilities, a steady income stream becomes crucial for mortgage refinancing eligibility. Here, contractual spousal maintenance can offer consistent income to support refinancing efforts.
Understanding the Enforcement of Contractual Spousal Maintenance
Family law attorneys often advise settling divorce cases out of court, but it may pose challenges in enforcing agreements.
For instance, seeking court intervention to enforce your spouse’s maintenance obligations might limit the judge’s actions to the confines of the Texas Family Code’s stipulations regarding duration and amount.
To exemplify, consider a past case at the Law Office of Bryan Fagan, PLLC. A client approached us after her ex-husband, facing financial difficulties, ceased his $2000 monthly spousal support payments stipulated in their divorce decree.
The maintenance continued until our client’s death, exceeding the Texas Family Code’s ten-year limit, except in cases involving the recipient’s disability or the care of a disabled child.
Our client felt disheartened to learn that a judge couldn’t enforce the lifelong payment clause.
Ending Contractual Spousal Maintenance
The obligation to pay contractual spousal maintenance ceases with either spouse’s death or if the recipient spouse remarries or cohabitates with a romantic partner.
Prioritize Negotiations
In cases where substantial community assets exist, you might secure enough liquid assets from your divorce to negate the need for spousal maintenance. This, combined with potential child support, might alleviate concerns about financial stability.
However, if you need to negotiate, make sure to address it after resolving other financial matters. A case from Montgomery County illustrates the pitfalls of excessive spousal maintenance demands during mediation, leading to credibility loss and unfavorable impressions in court. A thorough understanding of your family’s financial situation can prevent such outcomes.
Proudly Representing Southeast Texas Families: The Law Office of Bryan Fagan, PLLC
We appreciate your engagement in our spousal maintenance discussion in Texas. For further insights, feel free to contact us. You may also arrange a complimentary consultation with an attorney at the Law Office of Bryan Fagan, PLLC. Proudly serving clients across southeast Texas, we are committed to representing you and your family with distinction.
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Other Articles you may be interested in:
- Modification of Spousal Maintenance in Texas
- Know-How to Determine Whether Alimony will be Owed and for How Long, When Preparing for Your Texas Divorce
- 3 Important Facts about Texas Alimony and Spousal Support
- Alimony or Spousal Support and a Disabled Spouse in Harris and Montgomery Counties in Texas
- Spousal Support Availability in a Texas Divorce
Law Office of Bryan Fagan, PLLC | Spring Divorce Lawyers
The Law Office of Bryan Fagan, PLLC, routinely handles matters that affect children and families. If you have questions regarding divorce, it’s essential to speak with one of our Spring, TX Divorce Lawyers right away to protect your rights.
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.
