At Turner-Monahan, PLLC, we understand that navigating through family law matters such as divorce can be complex and emotionally taxing.
Whether you are contemplating a separation or are already in the midst of divorce proceedings, knowing your rights and options is crucial. This includes understanding how spousal maintenance, commonly referred to as alimony, works in Texas.
Our team of skilled attorneys, including partner Tyler Monahan, is here to provide experienced and compassionate legal guidance.
For personalized advice, please contact Attorney Tyler Monahan, partner at Turner-Monahan, PLLC, to discuss your case.
What is Spousal Maintenance?
Spousal maintenance in Texas is financial support paid by one spouse to the other after a divorce. It is designed to provide temporary and rehabilitative support to a spouse who might not be able to support themselves immediately following a divorce.
Eligibility for Spousal Maintenance in Texas
Under the Texas Family Code, specifically in Sections 8.051, 8.052, and 8.055, a spouse may be eligible for spousal maintenance if they lack sufficient property to provide for their minimum reasonable needs and one of the following criteria is met:
- The marriage has lasted for 10 years or longer, and the spouse seeking maintenance lacks the ability to earn sufficient income.
- The spouse seeking maintenance has a disability that prevents them from earning sufficient income.
- The spouse seeking maintenance is the custodian of a child of the marriage who requires substantial care and personal supervision due to a physical or mental disability, making it necessary for the spouse to not seek outside employment.
- The other spouse has been convicted of family violence within two years prior to the filing of the divorce or while the divorce is pending.
Can a Working Wife Get Alimony in Texas?
Yes, a working wife can still qualify for spousal maintenance in Texas if she meets the eligibility criteria outlined above. Even if she is employed, if her income does not cover her minimum reasonable needs, she may be entitled to receive spousal maintenance. The amount and duration of the support depend on factors such as the length of the marriage, each spouse’s financial resources, and contributions to the marriage.
How Much Spousal Maintenance Can Be Ordered?
When determining spousal maintenance in Texas, it’s important to understand how much can be ordered. The Texas Family Code, specifically Sec. 8.055, sets clear limits on the amount a court can mandate.
Under this statute, the court cannot order spousal maintenance that exceeds the lesser of $5,000 per month or 20% of the paying spouse’s average monthly gross income. This ensures that maintenance payments are fair and manageable, preventing excessive financial burden on the paying spouse.
Defining Gross Income:
The statute also defines what counts as gross income for calculating maintenance:
Included in Gross Income:
- All wages and salaries, including commissions, overtime, tips, and bonuses.
- Income from interest, dividends, and royalties.
- Earnings from self-employment and net rental income.
- Retirement benefits, pensions, annuities, and unemployment benefits.
- Any other income, such as severance pay, trust income, capital gains, and gifts.
Excluded from Gross Income:
- Returns of principal or capital.
- Accounts receivable.
- Benefits from federal public assistance programs and foster care payments.
- Veterans Affairs disability compensation, SSI, social security benefits, and workers’ compensation benefits.
By including a comprehensive list of income sources and exclusions, this statute ensures that the calculation of spousal maintenance reflects the true financial capacity of the paying spouse.
How Long Can Spousal Maintenance Last?
The duration of spousal maintenance is another crucial aspect. Sec. 8.054 of the Texas Family Code specifies how long maintenance can be ordered based on the length of the marriage and the circumstances of the spouse seeking maintenance.
The statute outlines maximum durations for spousal maintenance orders:
For Marriages Lasting Less Than 10 Years:
- Maintenance can be ordered for up to 5 years if the spouse seeking maintenance qualifies under specific hardship conditions.
For Marriages Lasting 10 to 20 Years:
- Maintenance may be ordered for up to 5 years.
For Marriages Lasting 20 to 30 Years:
- Maintenance can be ordered for up to 7 years.
For Marriages Lasting 30 Years or More:
- Maintenance can be ordered for up to 10 years.
Special Circumstances for Extended Duration
The statute also provides for extending the duration of maintenance in special circumstances, such as:
- The spouse seeking maintenance has a physical or mental disability that limits their ability to earn an income.
- The spouse is the custodian of a young or disabled child, preventing them from working.
- Any other significant impediment that hinders the spouse’s ability to become self-sufficient.
Periodic Review and Modification
Sec. 8.054 allows the court to periodically review and modify maintenance orders to ensure they remain fair and appropriate based on changing circumstances. This helps adapt the maintenance terms to the evolving financial situations of both parties.
By knowing these details, a working wife can better understand her rights and what to expect in terms of spousal maintenance, ensuring she can make informed decisions during the divorce process. Turner-Monahan, PLLC is here to help navigate these laws, providing clear guidance and robust representation to secure fair outcomes.
Key Considerations in Spousal Maintenance
- Divorce Asset Split and Marriage Asset Division: The court will consider the assets each spouse will receive in the divorce settlement, which might affect the need for spousal maintenance.
- Prenuptial and Postnuptial Agreements: Agreements made before or during the marriage can impact spousal maintenance, especially if they specifically address this issue.
- Employment and Earnings: The court will assess the employment status and earning capacity of both spouses, taking into consideration periods where one spouse might have foregone career opportunities to support the family.
Discuss Your Case With Turner Monahan, PLLC: Your Advocates in Difficult Times
At Turner-Monahan, PLLC, we pride ourselves on offering expert legal services tailored to the specific needs of our clients. Whether you need assistance with drafting a prenuptial agreement, navigating the divorce process, or understanding your rights to spousal maintenance, our team, including our seasoned family law attorney, Tyler Monahan, is here to help.
Our approach is grounded in a deep understanding of Texas family law combined with a commitment to integrity and client-focused service. 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.
