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Divorce Support Laws

Alimony (Spousal Maintenance) and Temporary Spousal Support in Texas: Key Concepts

What is Alimony (Spousal Maintenance) in Texas?

Legal Definition of Alimony:  
In Texas, “alimony” is not really a term.  To a family lawyer in Texas, “alimony” typically refers to a contractual payment that spouses agree to pay to each other in a settlement that continues post divorce.  What most people think of when they hear the term “alimony” is actually called “Spousal Maintenance” which refers to court-ordered financial support that one spouse may be required to pay to the other after a divorce.  For our purposes we will use the term alimony to refer to Spousal Maintenance in most of our discussions of court ordered support for ease of understanding.  Texas law recognizes that some spouses may be unable to support themselves financially after a divorce, and alimony is designed to help with that. It’s important to note that alimony is typically reserved for situations where one spouse is unable to meet their basic needs due to factors like age, disability, or lack of employment.

Distinguishing Between Alimony and Spousal Support:
While often used interchangeably, alimony and spousal support have subtle differences in Texas. Alimony typically refers to ongoing payments after a divorce has been finalized. Spousal support, on the other hand, can include temporary support provided during the divorce process to maintain the spouse’s financial well-being until a final agreement is made.

Types of Spousal Support in Texas

Temporary Spousal Support:
Temporary spousal support may be ordered during the divorce proceedings, especially if one spouse cannot support themselves until the final decision is made. This support helps provide for the receiving spouse’s basic needs until the divorce is concluded.

Post-Divorce Alimony:
After the divorce is finalized, the court may award post-divorce alimony if one spouse is unable to meet their needs. Post-divorce alimony in Texas is typically calculated based on the paying spouse’s income and the recipient’s financial needs. The length of time for which support is awarded generally depends on the length of the marriage and other factors outlined by Texas law.

How Family Court’s Award Spousal Support in Texas

When is Alimony or Spousal Support Awarded in Texas?

Factors That Influence Spousal Support Decisions

Length of the Marriage:
The duration of the marriage plays a significant role in determining whether spousal support will be awarded. Generally, longer marriages are more likely to result in support being granted, as one spouse may have sacrificed their career or educational goals for the benefit of the marriage.

The Financial Need of the Recipient Spouse:
The court will assess the financial need of the spouse requesting support. This can include evaluating their income, employment history, and ability to earn a living post-divorce. If the requesting spouse is unable to meet their basic needs due to a lack of employment or income, they may be entitled to alimony (Spousal Maintenance).  

Ability of the Payor Spouse to Pay Support:
The court will also evaluate the ability of the paying spouse to provide alimony (spousal maintenance) without affecting their own ability to support themselves. A paying spouse with limited financial resources may not be required to pay significant support.

Other Factors Considered by the Court

Health and Age of the Spouses:
Texas courts take into consideration the health and age of both spouses. If one spouse is unable to support themselves due to age or medical conditions, this may increase their likelihood of receiving spousal support.

Contributions to the Marriage:
Texas courts consider the non-financial contributions to the marriage, such as homemaking and childcare. If one spouse dedicated their time to the household while the other pursued a career, this could affect the decision to award alimony.

Marital Misconduct or Fault:
In some cases, marital misconduct (such as infidelity or cruelty) can influence whether alimony is awarded. If one spouse’s actions led to the dissolution of the marriage, the court may take that into consideration when determining spousal support.

How Court’s Calculate Support Payments

The Alimony and Spousal Support Process in Texas

How is Alimony (Spousal Maintenance) Calculated in Texas?

Statutory Limits and Guidelines:
Under Texas law, alimony is not automatically granted in every divorce case. 

Factors Affecting Amount and Duration:
Factors like the paying spouse’s income, the recipient spouse’s needs, and the length of the marriage all play a role in how much alimony is awarded and for how long. In general, alimony may be awarded for up to 5 years if the marriage lasted between 10 and 20 years or up to 10 years if the marriage lasted over 20 years.

How to Request Alimony or Spousal Support

Filing for Spousal Support:
To request alimony, you will need to file a petition for spousal support with the court. It’s important to work with a dedicated family law attorney to ensure the request is properly filed and supported with evidence of financial need.

Responding to a Spousal Support Request:
If your spouse requests spousal support, you have the right to contest it. A divorce lawyer can help you understand how to respond to the request, either by negotiating terms or by challenging the need for spousal support altogether.

Support Payments Impacts on Settlements

How Does Alimony Affect Your Divorce Settlement?

Negotiating Alimony in Divorce Settlements

Alimony and Property Division:
Alimony is often negotiated alongside property division. The court may adjust the amount of alimony if one spouse is awarded more property or assets. Your divorce lawyer can help you understand how property division will impact alimony and whether you should negotiate for a higher or lower amount of support.

Settling Outside of Court:
Many couples choose to settle alimony terms outside of court through mediation or negotiation. This can be a faster and less costly way to reach an agreement. Family law attorneys play a key role in ensuring that any settlement is fair and takes into account both parties’ financial interests.

Changing the Support Payments After Divorce

Modifications and Enforcement of Alimony Orders in Texas

How to Modify an Alimony Agreement in Texas

Grounds for Modification:
If there is a substantial change in circumstances (such as a change in income, employment status, or health), either spouse can request a modification of alimony. The court will consider whether the change justifies a modification in the amount or duration of support.

Filing for Modification:
To request a modification, you must file a petition with the court. Having a dedicated family law attorney assist with this process ensures the motion is appropriately filed and supported by evidence.

Enforcing Alimony Payments

What to Do if Alimony Isn’t Paid:
If your ex-spouse fails to make alimony payments, there are legal remedies available, such as filing for contempt of court or requesting wage garnishment. An experienced divorce attorney can help you enforce your alimony order.

How Courts Handle Non-Payment:
Texas courts have the authority to take strict actions against those who refuse to comply with alimony orders, including imposing penalties or garnishing wages

Legal Guidance from Texas Family Law Attorneys

Why You Need a Divorce Lawyer for Alimony (Spousal Maintenance) and Spousal Support Issues

Legal Guidance for Your Alimony Case

Having a trusted divorce lawyer is essential when navigating alimony and spousal support issues. Your lawyer will ensure that your financial interests are protected and that the terms of your alimony agreement are fair and reasonable.

Negotiation and Representation

A dedicated family law attorney will represent you in alimony negotiations, helping to secure the best possible terms. Whether you’re seeking alimony or defending against a claim, having legal representation is crucial.

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How We Can Help With Your Alimony (Spousal Maintenance) and Temporary Support Claims

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