When the bonds of matrimony dissolve, the financial entanglement of two lives must be addressed. Alimony, or spousal support, is a crucial aspect of many divorces, yet it is often misunderstood.
In Texas, the laws surrounding alimony are specific, and not everyone may be entitled to this form of financial support. Understanding your rights and obligations is key to navigating the post-divorce landscape.
For personalized advice, please contact Attorney Tyler Monahan, partner at Turner-Monahan, PLLC, to discuss your case.
Understanding Alimony in Texas
Alimony, referred to as “spousal maintenance” in Texas, is not a guaranteed part of a divorce settlement. It is designed to provide temporary and rehabilitative support for a spouse who may not be able to meet their minimum reasonable needs immediately after a divorce.
Eligibility for Spousal Maintenance
Under the Texas Family Code, specifically in Section 8.051, eligibility for spousal maintenance is clearly defined. A spouse seeking maintenance must satisfy at least one of the following criteria:
- The marriage lasted for 10 years or longer, and the spouse seeking alimony lacks sufficient property to provide for their minimum reasonable needs.
- The spouse seeking maintenance has an incapacitating physical or mental 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 because of a physical or mental disability, making it necessary for the spouse to forgo employment.
- The other spouse has been convicted or received deferred adjudication for an act of family violence against the spouse or the spouse’s child and the offense occurred:
- within two years before the date on which a suit for dissolution of the marriage is filed; or
- while the suit is pending.
Amount and Duration of Maintenance
The Texas Family Code, in Sections 8.052 and 8.054, outlines factors that affect both the amount and duration of spousal maintenance. The court will consider factors such as the financial resources of the spouse seeking maintenance, the duration of the marriage, the age and employment history of the spouse seeking maintenance, the contribution of one spouse to the education or earning capacity of the other, and the effect on each spouse’s ability to provide for their minimum reasonable needs while considering child custody.
The duration of spousal maintenance is generally limited as per Section 8.054. For marriages lasting less than 10 years, where eligibility is due to family violence, maintenance is limited to five years. For marriages between 10 and 20 years, maintenance is limited to five years. For marriages between 20 and 30 years, it is limited to seven years, and for marriages of 30 years or more, the duration can be up to 10 years.
Calculation of Spousal Maintenance
Section 8.055 of the Texas Family Code states that the amount of maintenance is limited to the lesser of $5,000 per month or 20% of the spouse’s average monthly gross income. This cap ensures that spousal maintenance remains reasonable and within the ability of the paying spouse to pay.
The Texas Family Code and Your Rights
The Texas Family Code is designed to be fair and equitable, but it is also complex. It is important to understand that while the code provides guidelines, the court has discretion within those guidelines to determine what is just and appropriate under the circumstances of each case.
When to Seek Legal Advice
Navigating the intricacies of spousal maintenance can be challenging. If you believe you are entitled to spousal support, or if you may be required to pay it, seeking experienced legal counsel is crucial.
Turner-Monahan, PLLC: Get Legal Guidance Today!
At Turner-Monahan, PLLC, we understand that the end of a marriage is not just a legal process, but a personal journey. With a legacy of over 50 years, our firm stands ready to guide you through the complexities of Texas family law. Our experienced attorneys, including partner Tyler Monahan, are well-versed in the statutes of the Texas Family Code and will fight to protect your rights and interests.
Whether you are seeking spousal maintenance or are facing an obligation to pay it, Turner-Monahan, PLLC is here to provide the aggressive, knowledgeable, and personalized representation you deserve. We pride ourselves on our integrity and dedication, ensuring that each strategy is tailored to the unique goals of our clients.
In matters of Texas alimony, you need a firm that not only understands the law but also appreciates the personal nuances of your case. Turner-Monahan, PLLC is that firm.
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.
