One of the most common questions a Texas divorce attorney hears is when a spouse can be awarded alimony in Texas. Unfortunately, the answer is not always positive, especially when compared to child support laws in other states.
What is alimony in Texas?
In Texas, alimony is called “spousal support” and is designed to help a spouse get back on their feet, but in very limited circumstances. Only when a spouse is convicted of an offense involving domestic violence can the spouse be ordered to pay alimony regardless of the length of the marriage (no minimum years of marriage). Otherwise there will be restrictions on the amount and duration of the maintenance/maintenance granted.
To be eligible for alimony in Texas in the absence of a domestic violence conviction, the spouse must have been married for at least 10 years. Also, the spouse must have sufficient income or assets to cover their minimum needs. If both of these criteria are then met, the spouse applying for alimony must either also have a physical or mental disability, have a child with a physical or mental disability, or lack professional skills in order to find employment , which meets its minimum reasonable needs.
Alimony is capped at a maximum of $5,000 per month or 20% of the paying spouse’s gross monthly income, whichever is lower.
What factors does a judge consider when deciding whether to award alimony/support?
The presumption precludes the granting of alimony in Texas and requires the spouse to show they attempted to find a job before being eligible for monthly support. This means that the maintenance seeker must prove that the maintenance is justified by law. The court evaluates the following factors to determine the type, amount, duration and method of payment of the assistance:
- The ability of each spouse to provide for their reasonable needs
- The educational and professional skills of both spouses, the time required to obtain education or training so that the supported spouse can earn sufficient income to become financially independent
- The length of the marriage
- The age, work history, earning capacity, and physical and emotional condition of the dependent spouse
- If child support matters in this case, it is the ability of either spouse to meet their needs while paying child support at the same time
- Whether either spouse squanders, conceals, destroys or otherwise disposes of community property
- Whether either spouse contributed to the education, training, or increase in the earning capacity of the other during the marriage
- The assets brought into the marriage by both spouses
- All posts of a spouse as a housewife
- Marital misconduct, including adultery and cruel treatment, by either spouse during the marriage and
- Any history or pattern of family violence. (Tex. Fam. Code Ann. § 8.052)
How long does the maintenance take?
If maintenance is granted because of a physical or mental disability of the spouse or child, the duration can last as long as the disability exists. For all other maintenance claims, the duration of monthly maintenance is limited to five years if the parties have been married for less than 20 years. For people who have been married for 20 but less than 30 years, the monthly payments can be up to 7 years. And for spouses who have been married for 30 years or more, maintenance is limited to ten years.
Alimony orders end before the termination date if one of the parties dies, the spouse receiving alimony remarries or is in a romantic relationship, or if the court conducts a review.
Can I apply to the court to change a maintenance decision?
A court cannot change a maintenance claim upwards. However, the court may reduce the spouse’s maintenance payment if circumstances have changed significantly since the original order. The original order remains in effect until the court changes its order. So never take matters into your own hands.
Why is my friend getting more child support?
There are two reasons a person may receive more spousal support than Texas law allows for spousal support. First, they could get a divorce in another state where the law provides for more generous alimony payments. Note that the rules for dividing marital property in these states are also different, which may mean that the spouse has given up dividing the marital property in order to receive more alimony. Second, in a contract, spouses can agree on a different maintenance regime than the law provides. In the case of contractual maintenance payments, the parties can agree as much and for as long as they wish.
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