WHAT IS ALIMONY?
Alimony is a payment paid by one spouse to the other before, during, or after the divorce case. Under Texas law, these payments are also referred to as “spousal maintenance” or “spousal support”.
QUALIFYING FOR SPOUSAL MAINTENANCE
Either spouse may request spousal maintenance from the other party, however, under Texas law, it is a rebuttable presumption that spousal maintenance is not warranted unless the spouse seeking maintenance has exercised diligence in 1) earning sufficient income to provide for the spouse’s minimum reasonable needs or 2) developing the necessary skills to provide for the spouse’s minimum reasonable needs during the period of separation and during the time the suit for dissolution is pending.
Spousal support is ordered only if the spouse seeking maintenance will lack sufficient property, including the spouse’s separate property to provide for the spouse’s minimum reasonable needs.
HOW LONG CAN SPOUSAL MAINTENANCE LAST IN TEXAS?
Under Texas law, judges are required to order spousal support for the shortest duration necessary for the supported spouse to become self-supporting.
Except in cases involving physical or mental disability, custodial parent, or other compelling circumstances, spousal maintenance under Texas law is limited to:
- Five years: if the spouses were married less than 10 years and if the spouse was convicted or received deferred adjudication for Family Violence during marriage against spouse or child within 2 years of filing, or while the suit is pending.
- Five years: if the spouses were married for at least 10 years but less than 20 years.
- Seven years: if the spouses were married for at least 20 years but less than 30 years.
- Ten years: if the spouses were married for at least 30 or more years.
HOW MUCH CAN I GET IN SPOUSAL MAINTENANCE
Texas law further limits the amount of support the judge can order: generally, support may not exceed more than $5000 or 20% of spouses’ average monthly gross income per month.
HOW DOES SPOUSAL SUPPORT TERMINATE
A court may terminate the spousal maintenance order if either spouse faces death, remarriage to each other, or if the spouse receiving support cohabitates with another person with whom that spouse has a dating or romantic relationship on a continuing basis.
CAN I MODIFY AN EXISTING SPOUSAL MAINTENANCE ORDER
A party may seek to modify a spousal maintenance order if that party can show that there has been “a material and substantial change in circumstance”. Note, however, that the mere act of filing a motion seeking modification of spousal maintenance does not in itself grant any rights or relief. Both sides are still required to follow the court’s current spousal maintenance order until the court issues a new order that supersedes the prior one.
HOW DO I ENFORCE A SPOUSAL MAINTENANCE ORDER / AGREEMENT
A party may enforce the provisions of a spousal maintenance order by seeking money judgment and/or by a contempt action. Note, however, that a court may not enforce by contempt, a spousal maintenance agreement that the parties reached on their own. Such agreements are enforceable by the use of contractual remedies. It should also be noted that the court may not enforce any provision that exceeds the amount of periodic support the court could have ordered or for any period beyond what the court could have ordered.
DIVORCE AND FAMILY LAW LAWYERS IN HOUSTON
Our Houston family lawyers, divorce, and alimony attorneys are passionate about assisting clients through their difficult family law, child custody, and divorce issues. We have board-certified family lawyers and trial attorneys that are as compassionate as they are knowledgeable and will take the time to listen and advocate for you.
Our family law and divorce attorneys serve clients in neighborhoods throughout the Houston area including, The Heights, Sugar Land, Katy, The Woodlands, River Oaks, Spring, The Woodlands, Missouri City, etc. Contact us at 832-538-0833.