Spousal Maintenance in Texas
ATTORNEYS IN DALLAS
Spousal maintenance is enforceable by contempt of court; however, voluntary contractual spousal support is only enforceable by breach of contract.
Spousal Maintenance
A common misconception among couples contemplating divorce in Texas is that one of them will automatically be entitled to receive alimony. However, in Texas, spousal maintenance, which is the state's equivalent of alimony, is only granted under specific circumstances. When it is awarded, spousal maintenance can significantly impact the financial situation of both spouses.
Eligibility for Spousal Maintenance
Spousal maintenance, also known as alimony, is not a common outcome in Texas divorce cases, but it can be awarded in specific situations. Eligibility for spousal maintenance depends on meeting certain criteria. For instance, a person may qualify for spousal maintenance if their spouse was convicted of a criminal offense considered an act of family violence, or received deferred adjudication for such an offense. However, spousal maintenance is only available if the offense was committed against the person seeking maintenance or their child within two years of the divorce filing or during the divorce proceedings. In such cases, the duration of the marriage is not relevant.
Furthermore, a person may be entitled to spousal maintenance if they suffer from a debilitating physical or mental illness, cannot earn a sufficient income to cover their basic needs, or the marriage has lasted for ten years or more, and the person seeking maintenance lacks the ability to generate income. Spousal maintenance may also be granted if one spouse is the primary caregiver for a child with a significant physical or mental disability, preventing them from earning a living. Additionally, prenuptial or postnuptial agreements may oblige one spouse to pay spousal maintenance. Each case is assessed individually by the courts when considering requests for spousal maintenance.
In Texas, courts will consider the following when determining spousal maintenance or spousal support:
- Duration of the marriage;
- Health of the parties;
- Property division;
- Education level of the parties;
- Earning capacity of the parties;
- Tax consequences to the parties;
- Pre-marital and post-marital agreements;
- Contribution of one party to the education, training or increased earning power of the other; and
- Any other facts the court determines relevant.
Factors Considered when Granting Spousal Maintenance
When determining whether spousal maintenance is appropriate, the court considers various relevant factors. These may include the education level and employment skills of each spouse, their ability to support themselves independently, the length of the marriage, and the age, earning capacity, and job history of the spouse seeking maintenance. If the spouse seeking maintenance has not made reasonable efforts to find employment that would allow them to meet their own needs or to develop the necessary skills, it is presumed that they are not entitled to receive maintenance. However, this presumption can be challenged, and a skilled divorce lawyer can help you navigate this issue in your case.
Amount and Duration of Spousal Maintenance
When a court awards spousal maintenance, the duration and amount of maintenance are restricted by Texas law. If a marriage lasted less than ten years and maintenance was granted because of a criminal offense that constitutes family violence, or if the marriage lasted ten to twenty years, maintenance may last for a maximum of five years. If the marriage was between 20 and 30 years long, maintenance may last for up to seven years. Finally, if the marriage lasted for 30 years or more, maintenance is restricted to a maximum of ten years. Furthermore, courts cannot award maintenance exceeding the lesser of $5,000.00 per month or 20% of the average monthly gross income of the person responsible for paying maintenance.
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Voluntary Spousal Support & Enforceability
Voluntary spousal support (or "Contractual Maintenance") varies significantly from Spousal Maintenance ordered under Texas Family Code Chapter 8. While Spousal Maintenance is enforceable by contempt of court, and potential jail time for the obligor, voluntary spousal support is not. The only mechanism to enforcement voluntary spousal support is through a separate breach of contract litigation.
It it important to know the difference between voluntary support and court ordered maintenance as collection will be significantly more difficult with voluntary support. Contractual Maintenance is wholly voluntary, and generally something the divorcing parties agree to in their divorce settlement. The obligor will never be held in contempt for failing to pay Contractual Maintenance.
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