Spousal Maintenance and Temporary Spousal Support in Texas divorces

In Texas divorce cases, spousal maintenance, often termed “alimony,” is a relatively recent development. Texas was the final state to authorize courts to mandate future spousal payments. Before 1995, couples could agree to such arrangements voluntarily, but judges couldn’t enforce them if a case went to trial. Don’t be overly optimistic about getting temporary spousal support in your Texas divorce. Courts seldom grant spousal support awards, imposing limits on amount and duration once approved.

Limits of duration and amount that apply to spousal maintenance awards

Spousal maintenance is typically capped at either $2,500 per month or 20% of the obligor spouse’s income, whichever is lower. Additionally, courts cannot extend support beyond three years. This support is designed to aid transition post-divorce, particularly if one spouse was the primary earner. Many of our clients were previously homemakers who had not worked outside the house in many years. For these folks, spousal maintenance can be essential to their post-divorce transition and meet their minimum basic needs.

Are you eligible to receive spousal maintenance?

You might qualify for spousal maintenance or a temporary spousal support in your Texas divorce for various reasons. A rare circumstance occurs if the spouse you’re seeking support from has a criminal conviction or deferred adjudication for family violence. These offenses must have occurred within two years before the divorce filing date or during the divorce proceedings. While this is an extreme example of spousal maintenance eligibility, hopefully, it’s not applicable in your situation.

Let’s discuss a more likely reason you may be eligible to receive spousal maintenance due to your divorce. If your marriage lasted ten years or longer and you lack the resources, including property, to sustain yourself and meet your minimal basic needs after the divorce, you would be eligible to receive spousal maintenance. Note, however, that the property and income awarded to you in the divorce counts in this equation. Dividing the community estate may change your financial situation, potentially enabling you to meet your minimum basic needs.

Additional factors are considered in this process as well. For instance, if you cannot support yourself through working a job due to a physical or mental disability, this would give you additional leverage to gain a spousal maintenance award. Likewise, suppose you are the primary caregiver for a child with disabilities that require constant supervision, which keeps you from working. In such circumstances, you are more likely to receive spousal maintenance. Additionally, if your education and work history don’t enable you to earn adequate income in the job market, it’s crucial to request the court to take this into consideration.

How will your divorce court define minimum basic needs?

There is no specific definition of minimum basic needs provided in the Texas Family Code. Lawmakers who created the statute intended to provide a spouse with some temporary income that can help them establish a residence and find work after a divorce.

To receive spousal maintenance or temporary spousal support in a Texas divorce, you must present ample evidence to the judge demonstrating your inability to meet minimal basic needs with your current income and resources. The judge will assess your individual circumstances, including financial and other factors, to determine if spousal maintenance is appropriate for your case.

Suppose you are a spouse who may be on the hook for paying spousal maintenance. In such a scenario, you should note that as a defense against spousal maintenance, you can request the judge to determine the minimum basic needs of your spouse. Subsequently, you can seek additional specific findings regarding the fair market value of the property awarded to your spouse in the divorce. Remember that the community property awarded to your spouse and their separate property count towards assets that can assist your spouse in meeting their minimum basic needs after the divorce.

Is there a way for you to be awarded spousal maintenance even after being awarded substantial amounts of property in your divorce?

From my experience, it is possible that you could win an award of spousal maintenance from a judge even if your awards of property (both community and separate) are pretty substantial. The bottom line is that even if the property awarded to you is significant, it would need to be sufficient to provide for your minimum basic needs.

To make this sort of determination, a court would need to get into a reasonably in-depth analysis of your living situation and what your costs of living are likely to be after the divorce. Additionally, the court will consider your potential income and available resources. Even if you receive property that is not easily liquidated, you may still receive a spousal maintenance award along with significant property distribution. Consider also that your education, physical abilities, and inability to work on a full-time basis would also be essential factors.

How do you ask for spousal maintenance in a divorce?

You should request spousal maintenance in your Petition for Divorce. If you did not do so initially, you ought to consider filing an amended petition that includes your request for spousal maintenance.

Remember, obtaining spousal maintenance in Texas is no easy feat. Unless you suffer from a physical or mental handicap that keeps you from working, this presumption will hold in your divorce. Even with this presumption, you can receive spousal maintenance, but you must first prove to the court that you diligently sought employment during the period of separation and pending divorce from your spouse.

For instance- have you applied for jobs during your divorce? If so, you will likely need to produce job applications to prove this to a judge. Have you enrolled yourself into any inexpensive vocational training that could help you bring some of your skills up to date if you haven’t worked in many years? Any materials like this would be beneficial in providing your diligent search for employment rather than a reliance upon spousal maintenance.

Conclusion

While Texas has evolved to include provisions for temporary spousal support, it remains a relatively recent addition compared to other states. Although this legal option exists, securing spousal maintenance post-divorce is not guaranteed, as awards remain infrequent and subject to strict limitations. As individuals navigate the complexities of divorce proceedings in Texas, understanding the nuances of temporary spousal support becomes paramount, guiding informed decisions and expectations during this challenging time.

Are you interested in learning more about spousal maintenance? Could you read our blog tomorrow?

We will continue to discuss this critical topic in our blog tomorrow. Feel free to contact The Law Office of Bryan Fagan, PLLC if you’re interested in learning more about our office or the field of family law. We take great pride in representing the interests of our clients and look forward to discussing with you the services that we can provide to you and your family as a client of ours.

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 shared with you today in our blog post, please do not hesitate to contact the Law Office of Bryan Fagan. Our licensed family law attorneys offer free of charge consultation six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law and how the circumstances of your case may interact with the law regarding child support and other family law cases. I appreciate your interest in our law office, and we hope you will join us tomorrow as we continue to post more unique and interesting content on our blog.

Ebook

If you want to know more about what you can do, CLICK the button below to get your FREE E-book: “16 Steps to Help You Plan & Prepare for Your Texas Divorce“

If you want to know more about how to prepare, CLICK the button below to get your FREE E-book: “13 Dirty Tricks to Watch Out For in Your Texas Divorce, and How to Counter Them” Today!“

Get this FREE download about what you need to know before filing for divorce.

Other Articles you may be interested in:

1. Spousal Support Availability in a Texas Divorce
2. Military Support Without a Court Order During a Divorce in Texas
3. Alimony or Spousal Support and a Disabled Spouse in Harris and Montgomery Counties in Texas
4. Know-How to Determine Whether Alimony will be Owed and for How Long, When Preparing for Your Texas Divorce
5. 3 Important Facts about Texas Alimony and Spousal Support
6. Spousal Support, Spousal Maintenance, and Alimony in Spring and Houston, Texas, and when is it available?
7. Can I sue my spouse’s mistress in Texas?
8. The Simplified Process for an Uncontested Divorce in Texas
9. Roadmap of Basic Divorce Procedure in Texas
10. Child Custody Basics in Texas
11. 6 Mistakes that can Destroy Your Texas Divorce Case

Law Office of Bryan Fagan, PLLC | Houston, Texas 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 Houston, TX, Divorce Lawyers right away to protect your rights.

Our divorce lawyers in Houston, TX, are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact the Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan, PLLC, handles Divorce cases in Houston, Texas, Cypress, Klein, Humble, Kingwood, Tomball, The Woodlands, Houston, the FM 1960 area, or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Brazoria County, Fort Bend County, and Waller County.

Bryan Joseph Fagan( Attorney )

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.