Going through a divorce is emotionally tough and filled with legal complications. A major issue that comes up during this time is financial support, especially alimony and court-ordered spousal maintenance.
In Texas, people often use these terms in the same way, but they mean different things legally. This article will explain the differences between alimony and court-ordered spousal maintenance in Texas, making the Texas Family Code and related laws easier to understand.
For personalized advice, please contact Attorney Tyler Monahan, partner at Turner-Monahan, PLLC, to discuss your case.
Alimony in Texas
Alimony, also known as spousal support, is a financial assistance that one spouse may be required to pay to the other after divorce. It is generally agreed upon by the parties involved and is not mandated by Texas law. Alimony is intended to provide the lower-earning spouse with financial stability post-divorce.
Texas Family Code on Alimony
According to the Texas Family Code, Section 8.001, “’Spousal maintenance’ means an award in a suit for dissolution of a marriage of periodic payments from the future income of one spouse for the support of the other spouse.”
Court-Ordered Spousal Maintenance in Texas
Court-ordered spousal maintenance is different from alimony in that it is mandated by a court order if one spouse will face economic hardship without financial assistance. The court considers various factors such as the duration of the marriage, the financial resources of the spouse seeking maintenance, and the ability of the other spouse to pay.
Texas Family Code on Court-Ordered Spousal Maintenance
As per the Texas Family Code, Section 8.051, a court may order spousal maintenance if the spouse seeking maintenance will lack sufficient property, including the spouse’s separate property, on dissolution of the marriage to provide for the spouse’s minimum reasonable needs.
Alimony vs. Court-Ordered Spousal Maintenance: Key Differences
Understanding the fundamental differences between alimony and court-ordered spousal maintenance is essential for anyone navigating a divorce. Below is a more detailed exploration of these differences, shedding light on various aspects that fall under each category and the factors that are considered in each case.
Alimony
Voluntary Agreement:
- Alimony is often a result of a mutual agreement between the two parties involved in the divorce.
- The amount and duration are typically decided upon by the spouses themselves, sometimes with the assistance of their respective attorneys.
Purpose:
- Alimony is intended to help the lower-earning spouse maintain a similar standard of living to what they were accustomed to during the marriage.
- It can be used for various purposes, including living expenses, education, and debt payment.
Tax Implications:
- For divorces that were finalized on or before December 31, 2018, the person paying alimony can deduct it from their taxes, and the person receiving the alimony must report it as income.
- For divorces that happened after this date, or if the agreement was changed after this date to state that the alimony deduction is gone, the person paying alimony can’t deduct it from their taxes, and the person getting the alimony doesn’t report it as income [Source].
Court-Ordered Spousal Maintenance
Court Intervention:
- Court-ordered spousal maintenance is determined by a judge.
- The court assesses various factors to determine the necessity, amount, and duration of spousal maintenance.
Factors Considered:
- The court considers the financial resources of the spouse seeking maintenance, the time necessary for the spouse to acquire sufficient education or training to find appropriate employment, the duration of the marriage, and the ability of the other spouse to pay.
- The court also evaluates the contribution of each spouse to the marriage, including homemaking and childcare.
Enforceability:
- Since it is court-ordered, non-compliance with spousal maintenance orders can result in legal consequences, such as wage garnishment or contempt of court charges.
In essence, while alimony is a more flexible, mutually agreed-upon financial arrangement, court-ordered spousal maintenance is a legally mandated financial support system with specific guidelines and consequences for non-compliance.
Understanding these key differences is crucial in ensuring that both parties’ rights and responsibilities are clear, promoting a fair and equitable divorce settlement.
Turner Monahan PLLC and Spousal Support Issues
In the intricate world of family law, having experienced and dedicated legal representation is paramount. Turner Monahan, PLLC is committed to fighting for your rights in all aspects of family law, including issues related to alimony and court-ordered spousal maintenance.
Whether you are navigating a divorce, adoption, child custody, or child support matter, Turner Monahan, PLLC stands as a beacon of integrity, dedication, and experience, guiding you through these trying times. Schedule a free, no-obligation consultation with attorney Tyler Monahan to discuss the details.
Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
