Divorce is often stressful, especially when it comes to finances. If you are contemplating a divorce, you may wonder whether you or your spouse may qualify for alimony, or spousal maintenance as it is referred to in Texas. Understanding what qualifies a spouse for alimony in Texas is essential—whether you are considering divorce or currently in the process—so you can determine if you or your spouse may be eligible to receive spousal maintenance.
At The Stout Law Firm, PLLC, we understand how overwhelming divorce can be. Our experienced and knowledgeable attorneys specialize in family law and are here to guide you through the complexities of divorce, including spousal maintenance. You do not have to navigate divorce alone—call or contact us online today for legal advice, support, and zealous representation.
This blog will explain the eligibility requirements for spousal maintenance, as well as the responsibilities that come with paying this form of support. We’ll also discuss potential disqualifications and how spousal maintenance may fit into your divorce.
What Is Spousal Maintenance?
Alimony, known as spousal maintenance in Texas, is financial support paid by one spouse to the other after a divorce. In Texas, courts do not automatically grant spousal maintenance and will only award it under certain circumstances. Spousal maintenance typically involves recurring payments, which are made monthly or as ordered by the court. Such payments are designed to help the lower-earning or financially disadvantaged spouse meet their minimum reasonable needs after the divorce, especially if they cannot support themselves due to conditions like physical or mental illness or a lack of job skills. Spousal maintenance is designed to provide financial assistance for a period of time while the recipient spouse works toward becoming self-sufficient.
What Qualifies a Spouse for Spousal Maintenance in Texas?
Not every spouse qualifies for spousal maintenance, and there are strict guidelines for eligibility. A spouse may only be eligible to receive spousal maintenance if, upon divorce, they will lack sufficient property, including separate property, to provide for their minimum reasonable needs and:
- Marriage duration. Their marriage lasted at least 10 years.
- Family Violence. The payor spouse was convicted of family violence against them or their child within two years prior to filing for divorce or while the divorce is pending.
- Physical or Mental Disability. The spouse is unable to earn sufficient income to provide for their minimum reasonable needs due to an incapacitating physical or mental disability.
- Caregiver for Disabled Child. The spouse is responsible for a child from the marriage who requires significant care or supervision because of a physical or mental disability that prevents the spouse from earning a sufficient income to meet their minimum reasonable needs.
If you still have questions about whether you or your spouse may qualify for spousal maintenance or are concerned about your specific situation, it’s imperative to discuss your case with an experienced family law attorney. A family law attorney can provide guidance tailored to your specific circumstances and help you understand your rights and options when it comes to spousal maintenance and divorce.
Proving Eligibility
The spouse seeking spousal maintenance must provide evidence showing that they qualify for spousal maintenance. Evidence may include documentation of a disability, childcare responsibilities involving their disabled child, monthly income and expenses, or a lack of education or job skills. The spouse contesting spousal maintenance can present evidence showing that their spouse can meet their minimum reasonable needs or that they do not meet the criteria for spousal maintenance. Ultimately, the court will weigh both sides before making a decision.
Disqualifications
You may be disqualified from receiving spousal maintenance if:
- Short marriage. Your marriage lasted less than 10 years unless specific circumstances exist, like an incapacitating physical or mental disability, or family violence.
- Financial self-sufficiency. You can meet your minimum reasonable needs without support.
- Pre or Post Marital Agreement. You waived your right to spousal maintenance or alimony in a premarital agreement, signed prior to marriage, or a postmarital agreement, signed during the marriage.
An experienced family law attorney will understand and explain the nuances of these and other potential disqualifications.
Responsibilities of the Paying Spouse
If the court orders you to pay spousal maintenance, it’s important to understand and uphold your responsibilities. Typically, the payor spouse makes monthly spousal maintenance payments to the other spouse. Remember that spousal maintenance is included in a court order that you must follow to remain legally compliant. If you are the payor spouse, you must make timely payments, as failure to pay spousal maintenance as ordered by the court can result in penalties or legal action against you.
However, remember that if your financial situation changes significantly, you can request a modification of spousal maintenance. Whether you are the payor or the recipient of spousal maintenance, staying informed about your legal obligations and rights is essential, and a trusted family law attorney can help you navigate any issues.
Contact The Stout Law Firm, PLLC, for Alimony Questions
Whether you are seeking spousal maintenance or being asked to provide it, The Stout Law Firm, PLLC is here to guide you through the process. At The Stout Law Firm, PLLC, our experienced family law attorneys are here to guide you through the complexities of spousal maintenance and divorce in Texas. We understand your challenges and are committed to providing the support and advice you need.
Contact us today to schedule a consultation, and let us help you navigate your case with confidence and clarity.
RATE THIS POST
Loading...