In Texas, alimony, also known as spousal maintenance, can be a complex issue, especially for couples navigating a divorce. Not every spouse is eligible to receive alimony, and Texas has strict guidelines under the Texas Family Code that determine who qualifies. In this detailed guide, we will break down the criteria for spousal maintenance and explore the situations where a spouse may be entitled to financial support after divorce.
For personalized advice, please contact Attorney Tyler Monahan, partner at Turner-Monahan, PLLC, to discuss your case.
Understanding Alimony (Spousal Maintenance) in Texas
Alimony, or spousal maintenance, is financial support that one spouse may be ordered to pay to the other after a divorce. In Texas, spousal maintenance is not automatically awarded, and there are specific conditions that must be met before a court will order one spouse to support the other.
According to the Texas Family Code Section 8.051, spousal maintenance may be ordered if one spouse lacks sufficient property to meet their minimum reasonable needs and:
- The spouse from whom maintenance is requested was convicted of or received deferred adjudication for family violence within two years before the divorce or while the divorce is pending.
- The spouse seeking maintenance is unable to earn sufficient income due to an incapacitating physical or mental disability.
- The spouse seeking maintenance has been married to the other spouse for 10 years or longer and lacks the ability to earn sufficient income to provide for their reasonable needs.
- The spouse seeking maintenance is the custodian of a child who requires substantial care due to a physical or mental disability, preventing the spouse from earning sufficient income.
Common Scenarios for Alimony Qualification
While the Texas Family Code outlines specific circumstances for alimony, real-life cases provide a clearer picture of how these rules apply. Let’s explore some common scenarios where a spouse may qualify for alimony in Texas.
Example 1: Spousal Maintenance After a Long-Term Marriage
Consider a situation where a couple has been married for over 15 years. The wife has stayed at home for the majority of the marriage, raising their children, while the husband has worked. After the divorce, the wife lacks the skills or work history to find a job that meets her basic needs. Under the Texas Family Code, the wife may qualify for spousal maintenance due to the long-term nature of the marriage and her inability to meet her financial needs.
Example 2: Alimony Due to Domestic Violence
In another case, a wife may qualify for spousal maintenance if her husband has been convicted of family violence. According to Section 8.051(1)(A), if the husband was convicted or received deferred adjudication for family violence within two years of the divorce, the wife is entitled to receive maintenance for her safety and wellbeing.
Example 3: Spousal Support for a Disabled Spouse
In cases where a spouse is unable to work due to a physical or mental disability, the court may order spousal maintenance. For instance, if a husband becomes physically disabled during the marriage and can no longer work, his wife may be required to provide spousal maintenance to help cover his reasonable needs. Section 8.051(2) outlines this scenario, ensuring that individuals who are incapacitated receive financial support.
Factors the Court Considers When Determining Alimony
Even if a spouse meets the initial qualifications, the court will consider additional factors to determine the amount and duration of spousal maintenance. These factors include:
- The financial resources of the spouse seeking maintenance, including property awarded in the divorce.
- The education and employment skills of the spouse seeking maintenance, as well as the time necessary to acquire education or training.
- The duration of the marriage.
- The age, employment history, earning ability, and physical and emotional condition of the spouse seeking maintenance.
- Any contribution of one spouse to the education or training of the other.
- The contribution of a spouse as a homemaker.
- Marital misconduct, such as adultery or cruelty, during the marriage.
Prenuptial and Postnuptial Agreements and Alimony
It’s important to note that alimony can be influenced by prenuptial and postnuptial agreements. A prenuptial agreement lawyer can help couples outline whether alimony will be available in the event of a divorce. Similarly, postnuptial agreement services can modify alimony arrangements if both spouses agree. These agreements can make a significant difference in the outcome of a divorce and the division of assets.
For example, a couple who signed a prenuptial agreement may have agreed to waive the right to spousal maintenance. In this case, the court would typically honor the terms of the agreement unless enforcing it would cause one spouse extreme hardship.
How Alimony Affects Asset Division
Alimony isn’t the only financial factor in a divorce. The divorce asset split also plays a crucial role. Courts consider the division of community property when determining whether a spouse qualifies for alimony. If the spouse seeking alimony is awarded a significant amount of property, this might reduce or eliminate the need for spousal maintenance.
Discuss Your Case With Turner Monahan, PLLC: Your Advocates in Difficult Times
At Turner Monahan PLLC, we understand that divorce is never easy, and issues like alimony can add stress to an already difficult process. With over 50 years of experience, our divorce attorneys have the knowledge and expertise to guide you through every step of the process.
Whether you need assistance with spousal maintenance, child custody, or asset division, our team is here to fight for your rights. 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.t.
