As lawyers practicing in Dallas County, we have guided many clients through the complexities of spousal maintenance (sometimes called spousal support or alimony) under Texas spousal maintenance law. Understanding how spousal support is determined in Texas is crucial for anyone going through a divorce who may want to receive it. This understanding can help you set realistic expectations and prepare effectively for the financial aspects of divorce.
Understanding Spousal Support in Texas
In Texas, spousal support is not automatically granted in divorce proceedings. Instead, the court considers several factors to determine whether a spousal support order is appropriate and, if so, how much should be awarded.
Eligibility For Spousal Support
First, to be eligible for spousal support, one must prove that they will lack sufficient property at the time of divorce to provide for their minimum reasonable needs. Additionally, one of the following conditions must also be met:
1. Conviction of Family Violence – The spouse seeking support must prove that the other spouse was convicted of family violence against them or their children within two years of filing for divorce or while the divorce is pending. Alternatively, the other spouse could have received a deferred adjudication for the same type of acts in lieu of a conviction.
2. Duration of Marriage – The marriage must have lasted for at least ten (10) years, and the spouse seeking support must be unable to earn sufficient income to meet their minimum reasonable needs.=
3. Disability – The spouse seeking support is unable to earn sufficient income due to a physical or mental disability.
4. Custodian of a Disabled Child – The spouse seeking support must be the primary caregiver for a child from the marriage who has a significant physical or mental disability. This caregiving responsibility must be substantial enough that it prevents the spouse from being able to work outside the home.
Factors Influencing the Amount And Duration Of Support
Once eligibility is established, the court will consider several factors to determine the amount and duration of support. These factors include (but are not limited to):
- Each spouse’s ability to provide for their own minimum reasonable needs independently, considering their financial resources after the division of property.
- Education and employment skills of the spouses and the time necessary to acquire sufficient training or education to enable the spouse seeking maintenance to find appropriate employment.
- Duration of the marriage.
- Age, employment history, earning ability, and physical and emotional condition of the spouse seeking maintenance.
- Effect on each spouse’s ability to pay support due to having custody of a minor child.
- Contributions by one spouse to the education, training, or increased earning power of the other.
- Property brought to the marriage by either spouse.
- Contribution of a spouse as a homemaker.
- Marital misconduct, including adultery and cruel treatment.
The duration of spousal support in Texas is generally limited based on the length of the marriage. For instance, support may be awarded for no more than five years for a marriage lasting between 10 and 20 years. Longer marriages might see durations of 7 or even 10 years, but the court has the discretion to decide within these limits based on the circumstances presented.
Navigating the determination of spousal support requires a thorough understanding of Texas divorce laws. If you are facing a divorce and believe you may be eligible for spousal support, or if you might be required to pay it, preparing ahead with a knowledgeable guide can make a significant difference in the outcome.
Texas Alimony FAQs
What is considered when determining “minimum reasonable needs” in Texas for alimony purposes?
Minimum reasonable needs can include basic expenses such as housing, food, and healthcare. The specific needs considered can vary based on the standard of living established during the marriage, but maintaining a standard of living is not itself a determining or major factor in such an award.
Is spousal support modifiable in Texas?
Yes, spousal support can be modified based on a material and substantial change in circumstances. However, the change must be significant, such as a job loss or a serious health issue. It must also be material to the spousal support award, such as a loss of income from a job loss or an inability to work due to a health issue.
Does marital misconduct affect alimony in Texas?
Yes, marital misconduct, including adultery and cruel treatment, can be considered by the court when determining whether to award spousal support and in deciding the amount and duration of the support.
Can spousal support be waived in Texas?
Yes, spouses can agree to waive spousal support in their prenuptial or postnuptial agreements, provided the agreement meets legal standards for enforceability.
What happens to spousal support if the payer becomes unemployed?
If the payer’s financial circumstances change significantly due to unemployment or other substantial factors, they may petition the court to modify the support order. However, evidence of the change in circumstances must be provided.
For answers to more specific questions about spousal maintenance, or to discuss your unique situation, contact the attorneys at our firm—Orsinger, Nelson, Downing & Anderson—for a consultation. We are committed to providing you with guidance and representation tailored to your unique needs.
Contact Our Experienced Alimony Lawyers In Dallas
At Orsinger, Nelson, Downing & Anderson, we understand how critical financial arrangements are in the divorce process. We are here to help you navigate the complexities of spousal support to ensure your interests are protected. Contact our alimony lawyers in Dallas at Orsinger, Nelson, Downing & Anderson by calling (214) 273-2400 to schedule a consultation. In this consultation, we will discuss your specific circumstances and how we can assist you in achieving a fair outcome in your divorce proceedings.