Calculating Spousal Support (or Alimony) in Texas

When a married couple files for divorce in Texas, there are three types of spousal support that a person may request. These include the following:

• Temporary spousal support ordered by a court;
• Contractual alimony per an agreement between the spouses;
• Permanent spousal maintenance is awarded and ordered by a court.

In most Texas divorce cases, an award of temporary spousal support is issued either at the beginning of or during the divorce proceeding. It is usually paid while a divorce case is in process. Spousal support payments provided for in a contract between the spouses may be paid after a divorce is finalized. Or court-ordered spousal maintenance is paid after the final order of divorce is issued.

Specifically, a contractual agreement for spousal support in Texas, which may be contained in a prenuptial or postnuptial agreement, was presumably entered into with the consent of the divorcing spouses. Or, divorcing spouses may negotiate the agreement in anticipation of getting divorced. A Texas family lawyer would be able to draft such agreements for a couple.

Unless one spouse proves that the other did not enter into the agreement freely and voluntarily, or if the court believes it is patently unfair, a court will enforce such an agreement and include it in a final divorce decree.

It is likely to include the amount of alimony to be paid, how long it will be paid for, conditions that may terminate or modify it, and what to do in the event of a dispute or missed alimony payment. Per the agreement, paying the spousal support as specified is mandatory.

Court-ordered spousal maintenance is only available in certain circumstances. If a court orders it, the supporting spouse also has no choice regarding payment. They must pay the support as ordered by the court. If they do not, they may face serious legal consequences.

Violation of a court order can put a person in contempt of court. A person who is in contempt of court may be sentenced to jail. If a person has trouble paying their court-ordered spousal support, a local Texas attorney may be able to help.

Some factors that may entitle a spouse petitioning for alimony to receive court-ordered spousal maintenance include the following:

• The marriage lasted for 10 years or longer, and the spouse seeking alimony has been unable to earn sufficient income to support themselves after making an effort to secure work;
• The petitioning spouse has become incapacitated or developed a disability during the marriage that made it impossible for them to support themselves;
• The divorcing couple has a child with a special medical condition that requires more attention and prevents the petitioning spouse from being able to earn enough income to support themselves and simultaneously take care of their child;
• The supporting spouse has been charged and convicted of domestic or family violence.

Also, unlike a contractual alimony agreement that allows a divorcing couple to set their own terms, court-ordered spousal maintenance is capped by a Texas state statute. This cap provides that a supporting spouse should not pay more than $5,000 per month in alimony or 20% of the supporting spouse’s average gross income per month, whichever is less.

How Do I Establish My Right to Spousal Support in a Divorce?

A person getting a divorce might believe that they need spousal support and that their spouse is able to pay for it. In this case, they want to request it when they file for divorce in Texas. If a person’s spouse files for divorce first and starts the divorce process, the other spouse needs to ask for spousal support in their answer to the divorce complaint. A person should consult a Texas family lawyer for help.

A person then needs to address the factors that Texas courts consider when determining whether to award spousal support. When calculating alimony, Texas courts consider numerous different factors, including:

• The education and employment skills of each of the spouses;
• The time required to obtain sufficient education or training to enable the spouse to earn sufficient income;
• The availability of such training;
• The duration of the marriage;
• The spouse’s health and age;
• How the spouses treated each other;
• Whether one spouse was a homemaker:
• Misconduct of either spouse during the marriage, such as adultery, cruelty, etc.; and
• Family violence.

A court will only grant twenty percent (20%) of the supporting spouse’s average monthly income, up to $5,000 per month. This means that even if a supporting spouse earns $500,000 every month, by law, spousal support will not exceed $5,000 per month.

How Do I Establish My Right to Spousal Support After My Divorce Is Final?

After a divorce is final, alimony payments should end if one of the following occurs:

• The award was for a specified period of time that has ended;
• The spouse receiving the support passes away;
• The spouse receiving the support remarries;
• If the spouse permanently resides with another individual in a romantic relationship.

Changes in the financial circumstances of the spouse who pays the support might also justify changing the amount of support or even ending it. The paying spouse would have to go to court to get an order modifying support or ending it.

A person may have not requested spousal support in their divorce proceeding and does not receive it but decides after having been divorced that they then need to receive it. In this case, they would have to go to the court where they were divorced and petition for spousal support.

How Long Does Spousal Support Last?

An alimony award may not remain in effect for more than 5 years when:

• A spouse is awarded spousal maintenance due to the fact that the other spouse has been convicted of a family violence offense within 2 years prior to the filing of the divorce or while the divorce was pending, as noted above;
• If the marriage lasted for at least 10 years but lasted less than 20 years;
• If the marriage lasted for at least 20 years but lasted less than 30 years, the award might not remain in effect for more than 7 years;
• If the marriage lasted for 30 years or more, the spousal maintenance award should not remain in effect for more than 10 years.

Should I Contact a Lawyer?

If you have questions or concerns related to spousal support in Texas, you want to consult a Texas spousal support lawyer. If you are behind on your payments, your lawyer can help you with the appropriate steps to take. LegalMatch.com can connect you to a lawyer who can help with any spousal support issues.

If you would like to request alimony, your attorney can provide the legal advice and representation you need for your case. Your lawyer can help ensure that you present the best case possible for receiving alimony.