Alimony/Spousal Maintenance
Alimony/Spousal Maintenance
Alimony and Spousal Maintenance Attorneys in Frisco, Texas (TX)
Our Law Firm Serves Clients in the Following Counties: Collin, Denton, Dallas, Rockwall, Kaufman, Johnson and Cooke.
In the state of Texas, people who meet certain eligibility requirements may seek to obtain spousal maintenance (more commonly known as “alimony”). Spousal maintenance is usually paid by one party to his or her former spouse after the finalization of the divorce. It can be a contentious issue during the course of a divorce that both parties need help navigating.
If you are considering divorce or are in the process of a divorce potentially involving spousal maintenance in Texas, contact Grinke Stewart Law, PLLC, today. Our attorneys have experience in all aspects of divorce matters, including advocating for and against spousal maintenance, and we can help you understand how spousal maintenance applies to your situation.
What is Spousal Maintenance?
Spousal maintenance is money paid to a person by a former spouse or soon-to-be former spouse. It might be paid during the pendency of divorce proceedings, after the divorce has been finalized, or both.
The general concept of spousal maintenance is to help a party adjust to life post-divorce by having access to monthly financial assistance for a specified period of time. If you are unable to work due to an incapacitating physical or mental injury, if you have custody of a child born during the marriage that requires substantial care and personal supervision due to a physical or mental disability, or if you lack access to resources and/or the ability to earn income to cover your basic needs, you might qualify to receive spousal maintenance in Texas.
What Factors Apply to a Spousal Maintenance Determination in Texas?
In determining whether to award spousal maintenance as part of a divorce, a court will consider several different factors under Texas law. These include:
- Duration of the marriage
- Income, debts, and assets of each spouse
- Age, physical health, and emotional condition of each spouse
- Employment history of each spouse and each spouse’s ability to earn income
- Educational background and employment skills of each spouse
- Time and cost required or each spouse to acquire additional education and/or professional training in order to increase earning potential
- Custody decisions, including whether shared children are to live primarily with one spouse
- Household services provided by each spouse during the marriage (whether one spouse was a homemaker)
- Instances of adultery by each spouse and
- Acts of domestic violence between the spouses.
If the parties do not agree on the issue of spousal maintenance, they can argue their positions to the court overseeing their divorce. The court will ultimately decide whether spousal maintenance is appropriate and how much should be paid in spousal maintenance.
How Long Does Spousal Maintenance Last in the State of Texas?
The length of time you can receive spousal maintenance will depend on your situation. In most cases, it will be a temporary means of assistance to one spouse who is recovering financially from the divorce. In other cases, it might be a permanent arrangement. For example, if you were married for more than 10 years but less than 20 years, you could receive spousal maintenance for up to five years under Texas law. But if disabilities are involved, it’s possible to receive spousal maintenance indefinitely.
When spouses contest this issue, the court will consult the Texas legal guidelines on spousal maintenance and make a determination as to the duration of any ordered spousal maintenance. Following the court’s ruling, certain situations can trigger an early end to spousal maintenance, such as the receiving spouse remarrying or cohabiting with a romantic partner.
Can Spouses Agree to Spousal Maintenance Outside of the Statutory Requirements?
Even if you don’t meet the statutory requirements for spousal maintenance, with your spouse’s agreement, you could receive contractual alimony payments in the months that follow your divorce. This might be a subject addressed in a premarital or post-marital agreement or something the spouses agree to during the divorce proceedings. The parties are free to step outside the legal requirements for spousal maintenance in Texas in order to do what they think is right.
It is important to note, though, that the court will still need to approve the fact of, the amount of, and the duration of any spousal maintenance agreed to by the parties. That said, courts are generally encouraging of the parties coming to an agreement on as many matters as possible.
Is It Possible to Change Spousal Maintenance Once it Has Been Ordered?
If circumstances change for one of the spouses, he or she can request a modification to the spousal maintenance order. Texas law places limits on the amount of spousal maintenance a person should be ordered to pay in relation to his or her total income. If the paying spouse loses a job or experiences a reduction in income, he or she can move for a reduction in spousal maintenance. The parties can also come to an agreement as to a modified amount and request the court’s approval.
Contact Grinke Stewart Law, PLLC Today
At Grinke Stewart Law, PLLC, we understand the complexities of spousal maintenance and can help you assess whether you meet the eligibility requirements. We also have both pursued and defended claims for and against spousal maintenance. Rest assured that, through our experience, you will be fully apprised of your legal rights and options. Call Grinke Stewart Law, PLLC at (469) 598-2001 to discuss your legal matter or click here to schedule a consultation with one of our attorneys.
