Will Spousal Maintenance Be an Issue in Your Divorce?
Texas was the last state in the union to provide for the payment of spousal maintenance (alimony) following divorce. Even when spousal maintenance is provided, it is very limited compared to many other states.
If you are concerned about alimony, we offer a free initial consultation to explain how those payments are determined. There are two types of alimony in Texas: interim spousal support and spousal maintenance.
Interim Spousal Support
Interim spousal support is paid while your divorce is in process, whether you were married one week or 20 years. Interim spousal support is based on the duty that each spouse has to support the other to meet basic needs, regardless of how long they are married. In Texas, judges will usually require the spouse making more money to assist the other with monthly living expenses.
There is no formula for determining interim spousal support. The amount is based on your specific needs and expenses, such as medical care, mortgage payments, car payments and insurance.
Spousal Maintenance
“Maintenance” is the term used in the Texas Family Code to describe the specific, statutory spousal support authorized by the Texas Family Code that a judge can order in a Texas divorce. You have a right to spousal maintenance if you have been married at least ten years and you can show that you don't make enough money to support yourself.
You may also have a right to post-divorce spousal maintenance if you or your child was a victim of abuse by your spouse and your spouse was convicted or received deferred adjudication for a criminal offense that is considered "family violence."
In Texas, spousal maintenance is capped at $5,000.00 per month or 20% of your spouse's gross monthly income (whichever is less), and is limited in duration to either five, seven or ten years based on the years of marriage. However, courts can order your spouse to pay maintenance for a longer period if you are unable to support yourself because: (1) you suffer from an incapacitating physical or mental disability; or (2) you are the custodian of a minor or adult child of the marriage who requires special care due to a physical or mental disability.
A Lawyer-Client Relationship Based on Trust
To discuss your concerns about spousal maintenance with an experienced family law attorney, call 210-446-9088 today or fill out the contact form on this web site. Your initial consultation is free.