In a Texas Divorce it is very common for a spouse to make a claim for Alimony or Spousal Maintenance for support following the divorce.  While it is common for the claims to be made, it is not necessarily easy to get these forms of support.  Unfortunately, spouses that really need a form of support after the divorce but fail to hire an experienced Divorce Lawyer may find their requests denied by the judge simply because their case wasn’t adequately prepared to convince the court that post divorce support was necessary and equitable in the Divorce proceeding.

At Nick Davis Law, our Alimony, Spousal Support, and Spousal Maintenance Lawyers in The Woodlands & Bryan | College Station have successfully represented many Texas spouses in claims for post divorce support and even in defending against these claims.  Whether you are seeking post divorce support or trying to defend against it, our experienced Family Law Attorneys can help prepare your case for success.

Nick Davis Law offers all prospective Divorce clients pursuing or defending against Alimony, Spousal Support & Spousal Maintenance claims a Free Case Evaluation by phone or virtual conference as well as payment plans.  Contact our office at (936) 262-7474.

What is the Difference between Alimony, Spousal Support, and Spousal Maintenance?

The terms Alimony, Spousal Support, and Spousal Maintenance tend to be used interchangeably however the terms are different:

“Spousal Support” refers to temporary payments that are made while the divorce case is pending to help a spouse with necessary living expenses such as mortgage payments, car payments, and money for food and utilities.  It normally lasts for a short duration and only while the divorce case is pending.  The length of the payments depends greatly on the needs and earning potential of the spouse requesting it.

“Alimony” refers to a form of post divorce payments to support a spouse.  However, a Texas Court cannot Order Alimony, instead, it can only be obtained if the parties agree to the Alimony payments in some form of settlement agreement usually obtained at Mediation.  Alimony is often times confused with Spousal Maintenance.  Alimony is typically used to help equalize the division of assets in a divorce and is contractual which means if a spouse fails to pay the Alimony as ordered the spouse that was to receive the payments has to file a separate lawsuit for a breach of contract against the nonpaying spouse to seek a Judgment.  Once the Judgment is received, the spouse can attempt to collect on nonexempt assets as provided for under the Texas Property Code, which often times isn’t much.

“Spousal Maintenance” is a form of post divorce support payments that a Texas Court can order.  Like Alimony, the parties can also make an agreement for the payment of Spousal Maintenance however the agreement is subject to the requirements of Spousal Maintenance under the Texas Family Code.  Spousal Maintenance in Texas can be difficult to achieve and in most cases judges are fairly conservative in both the duration of payments as well as the amount to be paid.  Spousal Maintenance payments, unlike Alimony, can be withheld from a spouse paycheck and if a spouse defaults on the payments a Motion to Enforce can be filed in which case the spouse that failed to pay support may face jail time.  Additionally, if a Judgment is obtained against a spouse that failed to make all their Spousal Maintenance Payments, all property they own – except for a homestead – can be seized and liquidated to pay for the judgment.

 

What Are the Requirements for Seeking Spousal Maintenance?

To be eligible to receive Spousal Maintenance under the Texas Family Code, the party seeking the post divorce support must show the following:

• They are a Spouse
• They Lack Sufficient Property to Provide for Their Reasonable Living Needs, and
• They meet one of the 4 Statutory bases for Spousal Maintenance.

How Much Can I Receive In Support?

In determining the amount of Spousal Support to award, the court must determine the minimum reasonable needs of the party seeking support.  This is normally done by comparing the income and expenses of the spouse seeking support and determining the monthly deficit.  Once that number is determined the court must determine if the deficit exceeds the statutory cap on Spousal Support which is 20% of the Other Spouse’s Gross Income or $5,000 whichever is less.

The next thing for the court to consider is how long the Spousal Support Payments should be ordered.  Generally the duration of Spousal Maintenance order must be limited to the shortest reasonable time that allows for the Party seeking Spousal Maintenance to earn sufficient income to provide for their minimum reasonable needs.  However, the duration of Spousal Maintenance is also capped in duration except if a spouse is disabled or has a disabled child.

The max durations for Spousal Maintenance are as follows:

Basis of Award	Length of Marriage	Max Duration
Family Violence	Less than 10 Years	No more than 5 years
Married 10 + Years	Between 10 & 20 Years	No more than 5 years
Married 10 + Years	Between 20 & 30 Years	No more than 7 years
Married 10+ Years	30 + Years	No more than 10 years

To Learn More about your ability to pursue or defend against claims for Alimony, Spousal Support, or Spousal Maintenance in a Divorce in Montgomery, Harris, Grimes, Waller, Walker, Brazos, Washington & Surrounding Counties contact our experienced Texas Spousal Maintenance Lawyers in The Woodlands and Bryan | College Station, TX to develop a strategy to prepare your case for success.