One of the most complex areas of family law is that of spousal maintenance. Determining the amount and length of support payments is never easy, as it requires an assessment of many factors, including the marital estate, each spouse’s earning capacity and contributions to the marriage, and the current standard of living. In addition, there are numerous tax implications to consider.
Further complicating matters, circumstances can change over time, and a spouse’s need for support may also increase or decrease. For all these reasons, it is important to consult with an experienced family law firm such as Turner Monahan PLLC if you are considering seeking or defending against a spousal maintenance claim.
In the video, Atty. Tyler Monahan of Turner-Monahan, PLLC, explains how spousal maintenance cases can require in-depth information on finances and the eligibility criteria for different options. All case evaluations and suggestions that our attorneys make are in the light of Texas Family Law.
Definitions
Before we proceed and get into the details of the eligibility for spousal support, it is important to discuss some commonly used terms. The reason is that sometimes, not knowing the right terms can majorly impact your case. Therefore, it is crucial for anybody facing a divorce, child custody, spousal support, or filing for any case to understand the legal jargon.
At Turner Monahan, we fight for our client’s best interests and ensure they understand every piece of information.
According to Sec. 8.001 of the Texas Family Code:
(1) “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.
(2) “Notice of application for a writ of withholding” means the document delivered to an obligor and filed with the court as required by this chapter for the nonjudicial determination of arrears and initiation of withholding for spousal maintenance.
(3) “Obligee” means a person entitled to receive payments under the terms of an order for spousal maintenance.
(4) “Obligor” means a person required to make periodic payments under the terms of an order for spousal maintenance.
Eligibility For Spousal Maintenance Under The Texas Family Code
Spousal maintenance is a provision under Chapter Eight of the Texas Family Code. It is a fact-intensive provision. You have to be married for a certain period of time. In addition, there are several different tranches and ranges of the amount and the number of times you can be paid.
According to Sec. 8.052, the eligibility for receiving maintenance, nature, amount, duration, and manner of periodic payments depends on these 11 factors. Therefore, the Texas judiciary court will look at:
(1) each spouse’s ability to provide for that spouse’s minimum reasonable needs independently, considering that spouse’s financial resources on dissolution of the marriage;
(2) the education and employment skills of the spouses, the time necessary to acquire sufficient education or training to enable the spouse seeking maintenance to earn sufficient income, and the availability and feasibility of that education or training;
(3) the duration of the marriage;
(4) the age, employment history, earning ability, and physical and emotional condition of the spouse seeking maintenance;
(5) the effect on each spouse’s ability to provide for that spouse’s minimum reasonable needs while providing periodic child support payments or maintenance, if applicable;
(6) acts by either spouse resulting in excessive or abnormal expenditures or destruction, concealment, or fraudulent disposition of community property, joint tenancy, or other property held in common;
(7) the contribution by one spouse to the education, training, or increased earning power of the other spouse;
(8) the property brought to the marriage by either spouse;
(9) the contribution of a spouse as homemaker;
(10) marital misconduct, including adultery and cruel treatment, by either spouse during the marriage; and
(11) any history or pattern of family violence, as defined by Sec. 71.004.
It is also important to note that the duration of spousal maintenance varies depending on its type. For example, if the spouses have been married for less than 10 years and have been convicted of any criminal offense, the maintenance cannot be longer than five years.
The question arises when the termination of Spousal Maintenance occurs. According to Sec. 8.056. “The obligation to pay future maintenance terminates on the death of either party or on the remarriage of the obligee”.
If you’re in a situation where you’re requesting spousal maintenance, and you’ve been married for at least 10 years or longer, or there’s a possibility and other circumstances where a disability is involved. You should contact a firm like Turner Monahan PPLC to discuss with them your different options for spousal maintenance and whether or not you actually qualify for that from the outset.
Hire An Experienced Texas Family Attorney
Spousal Maintenance cases can become complex. In some cases, the couple may have been married for a very short time, or there may be questions about whether or not the spouse is actually entitled to maintenance payments.
Additionally, the number of payments and the length of time they will last can be disputed. An attorney can help ensure that the client’s rights are protected. If you are currently in the middle of such a situation and want to have a discussion, then contact attorney Tyler Monahan and schedule a free consultation to go over the details.
In addition, check our website for more information about our services. Go through our blog to find out more regarding your case. There is tons of information on divorce and answers to unique questions like “When Should I Consult A Divorce Attorney?”.
More Questions Regarding Divorce & Spousal Maintenance
Divorce cases are unique, so you will have many questions. To save you time and hassle, here are some topics that revolve around the area. For more information, contact our firm, Turner-Monahan, PLLC.
- How is Alimony Determined in Texas?
- How Long Does it take for a Divorce to be Finalized?
- What Will Happen to My House During a Divorce?
- Does It Matter Who Files for Divorce First?
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.
