In the State of Texas, as in most states, spousal maintenance, or alimony, is determined on a case-by-case basis. There are four situations in which a spouse may obtain an alimony award, including:
- One spouse has been convicted of or received deferred adjudication for a family violence offense against the other spouse or their child within two years prior to the filing of the divorce or during the time the divorce is pending;
- The length of the marriage is not relevant;
- The marriage has lasted for at least 10 years;
- The spouse seeking spousal maintenance:
- Lacks sufficient income or property to provide for their reasonable needs;
- Is either the disabled or primary caretaker of a disabled child;
- Lacks earning ability to provide for their minimum reasonable needs; and
- The parties can mutually agree that spousal maintenance will be paid for a certain period of time.
What Factors Does a Court Consider for Alimony?
When calculating alimony, Texas courts will consider numerous different factors, including:
- Financial means are provided to each party once their property is divided by the court;
- 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 and actuality 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%0 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.
In addition, the spouse who is seeking alimony will be required to demonstrate that they have diligently sought employment, training, and educational opportunities. The due diligence requirement, however, will not apply in cases where the Affidavit of Support is being enforced.
An alimony award may not remain in effect for more than five years when:
- A spouse is awarded spousal maintenance due to the fact that the other spouse has been convicted or received deferred adjudication for a family violence offense within two years prior to the filing of the divorce or while the divorce was pending, as noted above;
- If the marriage lasted for at least ten 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 seven years; or
- If the marriage lasted for 30 years or more, the spousal maintenance award will not remain in effect for more than 10 years.
Is There a Formula for Spousal Maintenance in Texas?
There is no specific formula used in Texas to determine the amount of spousal maintenance a spouse will be granted. Under Texas laws, the court cannot require the payor spouse to pay more than the lesser of the following:
- $5,000; or
- 20% of their gross monthly income.
Texas Family Code 8.055 outlines what gross income does and does not include. If alimony is awarded, the court will order the payor spouse’s employer to withhold a certain amount and send it to the spouse who was awarded maintenance.
A receiving spouse can enforce a spousal maintenance order in several ways, including:
- By filing a motion to enforce, which can also include a motion to hold the payor spouse in contempt;
- Requesting that the court reduce the amount that is owed to a money judgment;
- Obtaining a qualified domestic relations order, also known as a QDRO.
If an individual needs assistance with Texas alimony, they should consult with a local attorney in Texas.
When Does Alimony Terminate?
Alimony payments will terminate if one of the following occurs:
- If the award period has ended;
- If the spouse passes away or remarries;
- If the spouse permanently resides with another individual in a romantic relationship.
What Are the Different Types of Spousal Support Available in Texas?
In the State of Texas, there are only two categories of alimony, or spousal support, including court-ordered maintenance or contractual alimony. In cases of spousal maintenance, the court will weigh a variety of variables regarding the couple and their marriage to determine the following:
- Whether spousal support is suitable at all;
- The amount of support;
- The duration of the support.
In Texas, spousal support is treated differently than in other states in several ways. For example, the amount of support a spouse can receive is limited, as discussed above.
In addition, the restrictions that are placed on spousal support are related to how the state divides property during a divorce. Texas is a community property state, meaning that any property that is acquired by the spouses during their marriage, with few exceptions, is equally owned by both of the spouses.
Theoretically, this makes up for the difference in earning potential between the spouses. Texas also limits alimony in order to encourage more individuals to be active in the workforce. This is because long-term spousal support could discourage an individual’s ability to support themselves when necessary.
Courts in Texas prefer that spouses agree on alimony during their divorce., referred to as contractual alimony. A court will typically be willing to accept something that the parties agree to.
Contractual alimony is a contract. This means that the court can only apply contract or financial remedies if the payor spouse stops paying.
If the payments are not made, the receiving spouse may sue. It is important to note that, with court-order support, the payor spouse may face contempt of court charges for non-payment.
This means that not paying court-ordered alimony can result in a criminal record. As discussed above, Texas typically also restricts the duration of alimony in most cases.
If the award is based on a disability of the receiving spouse or child, it will continue for as long as the disability continues. In these cases, the court may require periodic award reviews.
In other types of cases, alimony cannot exceed ten years. In addition, if domestic violence was an issue in the divorce and the couple was married for less than ten years, the court will order no more than five years of alimony.
Can a Cheating Spouse Get Alimony?
Texas courts consider adultery when determining spousal and child support in addition to property division. Typically, a cheating spouse will be awarded a smaller share of the marital assets.
Adultery may also affect the amount and duration of alimony awarded by a court. However, it is important to remember that it will be one factor among many the court considers.
When Do I Need to Contact a Lawyer?
If you have any issues, questions, or concerns related to alimony in Texas, it is essential to consult with a Texas alimony lawyer. If you are behind on your alimony payments, your lawyer can help you with the proper steps to take.
If you would like to request alimony, your attorney can provide the legal advice, guidance, and representation needed for your case. Your lawyer can help ensure that you present the best case possible for receiving alimony.
