3 Things To Know About Spousal Maintenance Awards in Texas

 Posted on November 03, 2021 in Divorce

Whether you are just thinking about divorce, or you have already filed the divorce paperwork with the court, you may understandably have questions about the divorce’s impact on your finances. Spousal maintenance can help offset the negative financial consequences of divorce. However, alimony or spousal maintenance is only available in certain circumstances. If you are interested in pursuing spousal maintenance during your divorce or you think your spouse will ask for spousal maintenance, contact a skilled divorce lawyer for help.

You May Be Able to Negotiate an Alimony Agreement

Spouses may be able to negotiate an agreement about the terms of spousal maintenance payments during the divorce process. Often, one spouse will receive certain assets in exchange for paying spousal maintenance to the other. For example, you may be able to negotiate a spousal maintenance arrangement that trades maintenance payments for business interests, stocks, or other assets.

The Court May Award Alimony in Limited Circumstances

If you cannot reach a spousal maintenance agreement with your spouse, you may be able to petition the court for spousal maintenance. However, Texas courts only award spousal maintenance in certain circumstances. You may qualify for alimony if you demonstrate a genuine financial need, and one of the following is true:

• Your spouse was convicted of family violence within the previous two years

• You have a physical or mental disability that leaves you unable to support yourself financially

• You have a child who needs exceptional care due to a disability

• Your marriage lasted ten years or more and you cannot support yourself financially for another valid reason

The Amount and Duration of Maintenance Can Vary

If the court awards alimony, the amount is the lesser of:

• $5,000 per month

• 20 percent of the payor spouse’s monthly gross income

The duration of a Texas spousal maintenance order usually depends on the length of the marriage. If the marriage was between 10-20 years, you may be entitled to alimony payments for up to five years. You may also be entitled to five years of maintenance if your spouse committed family violence. If the marriage lasted 20-30 years, you could receive maintenance for up to seven years. However, if the spouse requesting alimony or a dependent child is disabled, spousal maintenance may last indefinitely.

Contact a Frisco Divorce Lawyer

At Moore Family Law, P.C., we understand the complex issues involved in Texas divorce cases. We represent both payers and recipients of spousal maintenance. Contact Collin County family law attorney Philip Woods Moore, Jr. to get the legal guidance and direction you need. Call 214-764-8033 today for an initial consultation.

Source: 

https://statutes.capitol.texas.gov/Docs/FA/htm/FA.8.htm