Getting divorced can be very challenging, especially if one is not financially capable of taking care of oneself. In this article, we will be exploring Spousal Support In The State Of Texas.
What is Spousal Support?
In Texas, spousal support also called alimony is the financial support that a spouse pays to the ex after the divorce has been finalized.
Courts in Texas sometimes award spousal maintenance based on certain factors. However, the party asking for spousal support must demonstrate that they are unable to provide for themselves without spousal support. There must also be substantial proof that the spouse who is meant to pay the other has either been convicted of domestic violence or has a child living with disability that needs financial support.
The Types Of Texas Spousal Support
Texas has two types of spousal support which are:
Court-ordered spousal support and Voluntary spousal support.
Both types of spousal maintenance in Texas serve the purpose of ensuring financial fairness and stability post-divorce.
1. Court-Ordered Spousal Support:
This type of support is determined and imposed by a family court judge. It happens when the divorcing partners cannot reach an agreement on their own, or when one spouse is deemed in need of financial support that the other spouse is unwilling or unable to agree to voluntarily.
The judge takes a look at some factors such as the period they have been married, and the net worth of each spouse. Based on these factors, the judge sets the amount, duration, and terms of the maintenance.
2. Voluntary Spousal Support:
The court does not order this type of spousal support but rather is a mutual agreement between the divorcing partners. Both partners come to negotiate phase of the divorce proceedings, come to an understanding and decide on the terms of financial support.
Voluntary spousal support is often suited to fit the specific needs and circumstances of both parties and is usually included as part of the marital settlement agreement.
Factors in Spousal Support
The court orders spousal support based on many factors. These factors include:
- Domestic violence
- Each spouse’s financial resources after the final divorce
- Separate property owned by the spouses
- The age, employment history, health and earning ability of the requesting spouse
- Each spouse’s education and employment skills and the time it would take the requesting spouse to gain education and employment
- The impact of paying child support or spousal maintenance on other financial obligations
- A spouse’s contribution to the other’s education, training or increased earning power
- Whether either spouse inappropriately spent joint marital funds or sold property during the marriage
- Whether either spouse committed adultery
How Long Does Spousal Maintenance Last In Texas?
Temporary spousal support typically lasts until the divorce is final.
As for post-divorce spousal maintenance, Texas law sets duration on how long the payments may last, depending on the length of the marriage.
The court decides how long it takes to receive spousal maintenance and they mostly base this decision on the number of years the marriage lasted.
A maximum duration of five years is normally awarded if the marriage lasted between 10 and 20 years, or if there was family violence and the marriage lasted for less than ten years. Couples married between 20 and 30 years can expect a maximum duration of seven years.
If the marriage lasted for more than 30 years, the alimony payments can last for up to a maximum of 10 years.
Who Is Entitled To Spousal Support?
For one to be entitled to spousal support depends on the length of the marriage, the parties’ financial situation, and whether or not a prenuptial or postnuptial agreement is in place promising support payments. It specifies that the spouse seeking alimony must not have enough of their own property and/or funds to provide for their basic needs, and he or she must also meet one of the following:
- The spouse was married to the other spouse for a minimum of 10 years
- The spouse cannot earn enough money to meet their minimum reasonable needs
- The spouse seeking support has a disability that prevents earning enough to support themselves
- The spouse seeking maintenance has custody of a child from the marriage and the child has substantial care and supervision needs due to a disability.
Amount Of Spousal Maintenance In Texas
Texas law specifically limits the amount of spousal maintenance that judges may award.
Monthly payments may not exceed $5,000 or 20% of the supporting spouse’s average monthly gross income, whichever is less.