Frisco Divorce Attorney & Spousal Maintenance
Until recent times, Texas was the only state in the country that did not provide some form of alimony in the case of divorce. While other states have several forms of alimony that can be imposed, Texas code allows for only one, “Spousal Maintenance”.
Texas’ spousal maintenance is narrowly defined. It is very narrow in its scope and could be very difficult to get in many cases. This is one of many, many reasons that discussing your situation with a Frisco divorce attorney before the case is even filed is that much more important.
Spousal support is limited: It is only given for a short period of time and only in small amounts. There are other requirements that are involved as well.
The Duration of Texas Spousal Maintenance
According to Texas Family Code, spousal maintenance has a time limit of no more than three years but can be ordered to be a much shorter period. During that time, the spouse who is receiving the payments must continue to meet certain criteria as well as be actively pursuing a job or an education (or both) to continue to receive them.
The Amount of Spousal Support
Again, the judge can choose to lower the amount, but the upper limit is either $2500 a month or up to 20% of the payer’s income, whichever comes first. The amount of this payment can be modified by an order of modification suit, but it will always be adjusted down, never up.
Who Can File for Spousal Maintenance?
As will be explained by your Frisco family law attorney, Texas Family code has strict restrictions for who can ask for and receive court ordered spousal support and maintenance. The criteria include:
- A marriage that lasted at least ten years with one party who does not have enough property to provide for their own minimum needs.
- A spouse who is not able to support themselves due to a mental or physical incapacity to do so.
- A spouse who is not able to work outside the home because they are caring for a child who has a physical or mental incapacity.
- A spouse who lacks earning potential
Spousal maintenance can also be ordered in cases where family violence was committed.
The spouse who is awarded the spousal maintenance may forfeit that award if they are not actively seeking an education or employment.
Exception to the Time Limit
While the spousal maintenance may run for three years or shorter in most cases, there are exceptions, particularly in the case of a disabled spouse. When there is a proven disability, the spousal support can be structured to run for as long as the disability continues; however, the judge may order periodic reviews of the case to make sure that the disability is actually continuing.
Contractual Alimony
As implied by the name, contractual alimony is one that is agreed upon by the two parties but is not ordered by the Texas Family Code. The contractual agreement is one that must be agreed upon by both parties and may have tax advantages for both parties. It can also be used as a means to ensure that the children will remain in the family home with the resident spouse especially if the contract states that the mortgage is paid even in part by the alimony money received.
If you are going through a divorce, even one that seems like it is congenial at first but feel that you are entitled to spousal support and maintenance of any kind, it is important to discuss this with a Frisco divorce attorney who can help you understand not only how to file for consideration for this but the restrictions that are involved as well.
No related posts.
2500 Legacy Drive