When going through a contentious divorce in Dallas, alimony-or “spousal maintenance,” as it’s called in Texas-can become an important issue. Texas courts are generally less willing to grant alimony than courts in many other states. But when certain conditions arise, one spouse may be entitled to receive support from the other even after the marriage is no longer in effect. The factors that Dallas courts will consider in determining alimony are outlined in the Texas Family Code. Before you file for divorce, it is important to have a clear idea of how those factors may affect your case.
Requirements For Alimony In Texas
Alimony is often highly contested in a any divorce, as it tends to be one of those areas where money brings up controversy. Texas law only provides for spousal maintenance in a few instances described in Section 8.051 of the Texas Family Code. One of the most common situations is when a spouse lacks sufficient property to provide for their minimum reasonable needs and fits into one of the following categories:
· The marriage was at least ten years in length, and the spouse seeking support is unable to support themselves with their own earnings.
· The spouse seeking support is physically or mentally handicapped to the point of being unable to earn an adequate income.
· The spouse seeking support has custody of a disabled child who requires a large amount of care, provided by the party seeking support.
· The spouse who will be paying the support was convicted of family violence (or a sentence of deferred adjudication for family violence) within the two years preceding the divorce filing.
Each of these issues involves an evidentiary examination of both party’s finances, employability, and all relevant factors.
The court, when it finds that a spouse is eligible for spousal maintenance, relies on several factors that determine the amount of such support and the duration, as per Texas Family Code Section 8.052. In particular, it looks at:
· The financial resources of the spouse seeking maintenance;
· The education and employment skills of both spouses;
· The duration of the marriage
· Age, employment history, earning ability, and physical and emotional condition of spouse seeking maintenance
· Contributions made by one spouse to the education or career of the other
· Misconduct, for example, adultery or family violence
· Any property one spouse will receive as part of the divorce
Maximum Spousal Maintenance Awards In Texas
In Texas, spousal maintenance awards cannot exceed the lesser of $5,000 a month or 20% of the monthly income of the paying spouse. Texas also sets duration caps on how long maintenance may be ordered or paid based on marriage length. If, for example, a marriage has lasted between 10 and 20 years, the support is generally limited to five years. However, the court can grant maintenance for a longer duration in cases where the recipient spouse has a disability or is the custodian of a disabled child.
Since the courts in Texas treat alimony as temporary, the spouse seeking support is often urged to make a legitimate effort toward becoming self-supporting. The court can review the recipient spouse’s efforts at obtaining employment or education to determine whether to continue or modify the support order.
Texas Alimony Frequently Asked Questions (FAQs)
How Does Texas Law Define “Spousal Maintenance” Versus Alimony?
Spousal maintenance in Texas describes payments from one spouse to another post-divorce. Unlike other states that perhaps have more traditional alimony, Texas is more restrictive on when and how maintenance can be awarded. It is only awarded under certain specific circumstances described by the Texas Family Code and is intended to be temporary in most instances.
Can I Get Alimony If My Spouse Committed Adultery?
Adultery itself is not a direct basis for an award of alimony in Texas, but it can affect the issues of equitable distribution of property the court considers at the time of divorce. The Court may also consider marital misconduct (including adultery) in making its decision as to the amount and duration of such maintenance, although it will be principally based on financial need and ability to pay.
How Many Years Do I Need To Be Married To Receive Spousal Support In Texas?
If the other requirements are met, Texas courts can grant spousal support if you have been married for at least ten years—unless there has been family violence or one spouse has a disability, then the duration could be shorter. The court will further consider whether you can support your own minimum reasonable needs without financial support from your ex-spouse.
What Factors Does A Court Consider When Determining Alimony In A Contested Divorce?
In a contested divorce, a court looks to numerous factors, including the financial resources of each spouse, their earning capacities, and the length of marriage. It takes into consideration any contribution one spouse made to the furtherance of the other spouse’s career or education, along with misconduct such as family violence by one spouse, and the particular needs of any disabled child of the marriage. All these factors will be useful in determining the amount and the duration for which the court will order maintenance.
Is There A Limit To The Amount Of Spousal Support I Can Get?
Yes, in Texas, the amount of spousal maintenance is limited to $5,000 per month or 20 percent of the paying spouse’s monthly gross income, whichever is less. This will help raise the support to a level that meets reasonable needs without being too extreme.
Can Alimony Be Modified Or Terminated After It’s Been Ordered?
Yes, Texas spousal maintenance ordered by a court may be modified based on a substantial change in circumstances, such as a change in income or employment status. Termination may occur if the spouse receiving the maintenance remarries or cohabitates with a new partner in a relationship resembling marriage.
What If My Spouse Refuses To Pay The Alimony?
The court can order your ex to pay the spousal maintenance. Failing to pay it as ordered can lead to a contempt/enforcement case being filed against the paying party. Non-payment of spousal support (and disobeying orders in general) is taken seriously by Texas courts, and any non-compliant spouse may be held in contempt of court, ordered to pay fines, have judgments entered against them, and more (such as wage garnishment or a jail sentence for contempt of court).
Can I Request Temporary Alimony While The Divorce Is Pending?
Yes, temporary spousal support can be granted during the divorce case. This is supposed to aid a lesser-earning spouse in their immediate financial needs while the case is still pending. Temporary support may be replaced by a final spousal maintenance order after the divorce is finalized—or the Court may not award any “final” maintenance at all. Each case is different.
Contact Our Dallas Alimony Attorney For Exceptional Legal Representation
If you face a contested divorce and want more information about alimony, Orsinger, Nelson, Downing & Anderson is here to help you. We are aware of the reality of the complications in spousal maintenance and will take necessary care to protect your rights. Whether you seek to receive support or defend against an unfair claim, we’re ready to help. Contact our Dallas alimony attorneys at Orsinger, Nelson, Downing & Anderson by calling (214) 273-2400 to schedule a consultation at one of our offices in Dallas, Frisco, or San Antonio, Texas.