Are you going through a divorce and unsure how you are going to support yourself after years of marriage? Or do you have a child who requires substantial care due to a disability?
This and many other reasons could be a case for you to receive spousal maintenance (Alimony). The Attorneys at Turner-Monahan help clients navigate the court system and understand their rights during a Divorce.
Learn today from Tyler Monahan, managing partner at Turner-Monahan PLLC, how Alimony/Spousal Maintenance is determined in Texas.
There are two different types of payments after divorce — 1. Spousal Maintenance and 2. Contractual Alimony.
Spousal maintenance, “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.
There are prerequisites under Chapter 8 of the Family Code that state when somebody is actually able to qualify for Chapter 8 spousal maintenance.
ELIGIBILITY FOR MAINTENANCE. In a suit for dissolution of a marriage or in a proceeding for maintenance in a court with personal jurisdiction over both former spouses following the dissolution of their marriage by a court that lacked personal jurisdiction over an absent spouse, the court may order maintenance for either spouse only 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 and:
(1) the spouse from whom maintenance is requested was convicted of or received deferred adjudication for a criminal offense that also constitutes an act of family violence, as defined by Section 71.004, committed during the marriage against the other spouse or the other spouse’s child and the offense occurred:
(A) within two years before the date on which a suit for dissolution of the marriage is filed; or
(B) while the suit is pending; or
(2) the spouse seeking maintenance:
(A) is unable to earn sufficient income to provide for the spouse’s minimum reasonable needs because of an incapacitating physical or mental disability;
(B) has been married to the other spouse for 10 years or longer and lacks the ability to earn sufficient income to provide for the spouse’s minimum reasonable needs; or
(C) is the custodian of a child of the marriage of any age who requires substantial care and personal supervision because of a physical or mental disability that prevents the spouse from earning sufficient income to provide for the spouse’s minimum reasonable needs.
(Texas Family Code Sec. 8.052. Factors Determining Spousal Maintenance)
Then there’s also Contractual Alimony, contractual alimony doesn’t have anything to do with being qualified under Chapter 8. It has to do with whether or not there are enough assets.
Most of the time people find a way that can divide their assets and offset with contractual alimony so one spouse or the other doesn’t have to pay. If not though then one spouse is going to pay that other spouse a certain sum of money, whether it’s $100 a month or $1,000 a month. It just depends upon what the agreement is or what the court orders as your case develops.
As your case moves forward your attorney and especially the attorneys here at Turner-Monahan will advise you as to whether or not you qualify, and if they believe you qualify for either chapter 8 spousal maintenance or contractual alimony we will assist you to get the best amount.
