Alimony & Spousal Maintenance in Houston, TX

The divorce process is emotionally challenging, and financial matters often take center stage. A skilled spousal support attorney can ensure fair treatment regarding asset division and determine eligibility for alimony or spousal maintenance. If you reside in or near Houston, Skillern Firm provides the expertise needed to navigate this difficult time. Contact us today.

What Is Spousal Support in Texas?

Spousal support, refers to payments one spouse may receive post-divorce for a specified period. When both spouses earn similar incomes, alimony is typically not a concern. However, if one spouse earns significantly more, the question of financial support arises. A spousal maintenance attorney can help establish eligibility for support or ensure fair treatment if you are the one being asked to pay.

Spousal Maintenance vs. Alimony

Spousal maintenance and spousal support are not exactly the same as alimony, though they all involve payments to the lesser-earning spouse. Spousal support is temporary, ordered by a judge during the divorce process to provide financial stability until a permanent plan is in place.

According to Texas Family Code 8.001, spousal maintenance is a temporary payment plan to help the lesser-earning spouse achieve financial independence. Unlike alimony, which can extend indefinitely in some states, spousal maintenance in Texas is finite. Alimony, common in other states, is an ongoing obligation to support an ex-spouse. In Texas, courts do not order alimony, but parties can agree to contractual alimony through private agreements, such as prenuptial or postnuptial contracts. However, contractual alimony is not enforceable as a court order and relies on the paying spouse’s goodwill.

How Do Courts Determine Spousal Support in a Divorce?

Judges consider several factors when deciding the amount and duration of spousal maintenance or alimony during a divorce. These include each spouse’s income, reasonable expenses, and contributions to the marriage, such as supporting the other spouse’s education or career. Age, earning potential, health, and property brought into the marriage are also considered. If a spouse is underemployed—deliberately earning less to reduce payments—a judge may base support on their potential earnings.

Private Agreements

While Texas courts do not enforce long-term alimony, couples can create private agreements for post-divorce payments, often included in prenuptial or postnuptial agreements. However, enforcing such agreements can be challenging, as they are not court-ordered and rely on the paying spouse’s goodwill.

Eligibility for Spousal Maintenance in Houston, TX

To qualify, the seeking spouse must:

1. Demonstrate insufficient property to meet minimum reasonable needs post-divorce.
2. Meet one of the following conditions:
   • The marriage lasted 10+ years.
   • The spouse has a disabling mental or physical condition.
   • A child of the marriage has a disability requiring care.
   • The paying spouse was convicted of family violence within two years of the divorce filing.

Amount and Duration of Spousal Support

If eligible, the court may order payments up to the lesser of $5,000 per month or 20% of the paying spouse’s monthly gross income. The duration of payments depends on the length of the marriage:

• Marriages of 10-20 years: Up to 5 years.
• Marriages of 20-30 years: Up to 7 years.
• Marriages over 30 years: Up to 10 years.
• Disability or family violence: Maintenance may last as long as the disability persists or up to 5 years, respectively.

When Spousal Support Ends Early

Maintenance orders may terminate early if:

• The paying or receiving spouse dies.
• The receiving spouse remarries or cohabitates with a new partner.
• The receiving spouse experiences a significant financial improvement (e.g., winning the lottery or securing a high-paying job).

Tax Implications

Spousal maintenance is taxable income for the recipient and tax-deductible for the payer. However, recent tax law changes have eliminated this deduction for divorces finalized after 2018. Consulting a tax advisor is recommended to understand the implications fully.

Factors Affecting Support Decisions

Courts evaluate several factors when determining spousal maintenance, including:

• Each spouse’s financial health and earning potential.
• Contributions to the marriage, such as supporting the other spouse’s education or career.
• Marital misconduct, such as abuse or adultery, which may influence the amount or eligibility for support.

Payment Collection

Payments may be collected via wage garnishment, an exception to Texas laws that generally prohibit this method of debt collection. This ensures consistent payments to the receiving spouse.

No Guarantees

Spousal maintenance is not guaranteed. Eligibility must be proven, and courts have discretion in awarding payments. Legal guidance is crucial to navigate this complex process.

Contact an Experienced Spousal Maintenance Lawyer at Skillern Firm

Spousal maintenance laws are complex and case-specific. Working with a qualified spousal support lawyer ensures a fair outcome, especially when factors like disability, child support, or misconduct are involved. For experienced family law guidance in Houston, TX, contact Skillern Firm Divorce & Child Custody Lawyers today at 713-229-8855.