When a marriage ends, one of the most common issues that arise during divorce proceedings is spousal support, also known as alimony. For many individuals, the idea of receiving financial support from a former spouse can provide vital relief during a difficult transition. However, if you are going through a fault-based divorce, the way spousal support is handled can be significantly different from a no-fault divorce. In a fault-based divorce, one spouse seeks to prove that the other spouse’s misconduct (such as adultery, cruelty, or abandonment) is the reason for the marriage’s breakdown. This not only affects the division of property but also has a profound impact on the spousal support that may be awarded.
Spousal Support in Texas
Spousal support, or alimony, is a financial provision that one spouse may be required to pay to the other after a divorce. In Texas, there are specific rules governing when spousal support may be granted and how much is awarded. Unlike child support, which has clear guidelines, the laws governing spousal support are less rigid and depend on several factors, including the marital fault in some cases.
In Texas, a spouse can seek temporary spousal support during the divorce proceedings or post-divorce spousal maintenance. The awarding of spousal maintenance is usually determined based on several factors, such as the duration of the marriage, the financial needs of the spouse requesting support, and the ability of the paying spouse to provide support.
But when one spouse is at fault, whether for adultery, cruelty, abandonment, or any other grounds for fault, this misconduct can affect the amount and duration of spousal support. Courts take into account the behavior of both parties during the marriage, and fault can play a critical role in shaping the final decision.
How Fault Can Affect Spousal Support
In a fault-based divorce, a spouse’s actions can have a significant impact on the amount and duration of spousal support awarded by the court. Here’s a closer look at how fault may affect the spousal support outcome:
- Adultery and Spousal Support:
- Adultery is one of the most common fault grounds in divorce cases. When one spouse cheats, the other spouse may be entitled to a larger share of the marital estate or a higher amount of spousal support. This is because courts view adultery as a betrayal of trust, and it may cause significant emotional harm and financial instability for the innocent spouse.
- In some cases, if the adulterous spouse spent marital funds on an affair or wasted assets, the court may take this into account during property division and may award a larger portion of the estate to the non-offending spouse.
- Cruelty and Alimony:
- If one spouse has subjected the other to emotional or physical abuse (cruelty), this can have a significant effect on the awarding of spousal maintenance. Cruelty can be grounds for a fault-based divorce in Texas, and courts may award more substantial spousal support to the abused spouse, particularly if the abuse has left the spouse financially dependent or emotionally devastated.
- Additionally, cruelty can play a role in child custody decisions, with the abused spouse more likely to gain primary custody of the children. The court will prioritize the safety and well-being of children involved.
- Abandonment and Spousal Support:
- When one spouse leaves the other without any intention of returning (abandonment), the court may consider this misconduct when determining spousal support. The abandoned spouse may be entitled to a larger portion of marital assets or longer-lasting spousal maintenance.
- If the abandoned spouse is left in a vulnerable financial situation, the court may order the abandoning spouse to provide ongoing support to ensure the spouse’s financial security.
- Felony Conviction and Spousal Support:
- If one spouse has been convicted of a felony and incarcerated, this can influence spousal support decisions. The spouse with the conviction may be unable to provide financial support, and the court may consider this when awarding support to the other spouse.
- In such cases, the convicted spouse may still be required to pay spousal support if they have the financial means, but it could also be limited in duration or amount, depending on the circumstances.
Factors Considered When Awarding Spousal Support
The Texas Family Code provides a framework for determining spousal maintenance, but several factors are considered by the court when deciding whether to grant support and how much to award. These factors include:
- The length of the marriage: Longer marriages often lead to higher spousal support awards, especially if one spouse is financially dependent on the other.
- The financial resources of the requesting spouse: Courts assess whether the requesting spouse has the ability to support themselves after the divorce or if they will need financial assistance.
- The educational background and employability of both spouses: A court may award spousal support if the requesting spouse lacks the skills or education to find gainful employment after the divorce.
- The misconduct of either spouse: Fault can play a crucial role in the court’s decision to grant spousal support. Misconduct such as adultery or cruelty can lead to a larger award for the innocent spouse, as the court will consider how the misconduct affected the marriage and the requesting spouse’s financial well-being.
- The age and health of the spouses: The court may also consider the physical and emotional health of both spouses when determining the need for spousal support. If one spouse is unable to work due to health reasons, they may be entitled to support.
- The duration of the marriage: In marriages of long duration, the court is more likely to award ongoing spousal support, particularly if one spouse is financially dependent on the other.
How can we assist?
Fault-based divorce can significantly affect the spousal support awarded to a spouse in Texas. If a spouse is found to be at fault for misconduct such as adultery, cruelty, or abandonment, it can influence the amount and duration of the spousal maintenance ordered by the court. In such cases, the court may award higher amounts or longer durations of support to the innocent spouse, especially if their financial security has been compromised by the other spouse’s actions.
If you are going through a fault-based divorce and are concerned about how it may affect your spousal support, it’s essential to consult with an experienced divorce attorney in Texas. A skilled attorney can help you navigate the legal complexities of divorce, protect your rights, and ensure that you receive a fair and just outcome in your case.
At our firm, we have extensive experience assisting clients with divorce and annulment cases. Our team includes a board-certified family law attorney with advanced business degrees and a specialist in negotiation and mediation. Contact us at 832-538-0833 to schedule a consultation and get personalized legal advice on your situation.