{"id":5545,"date":"2021-06-11T03:49:15","date_gmt":"2021-06-11T08:49:15","guid":{"rendered":"https:\/\/gbfamilylaw.com\/service\/divorce\/alimony-spousal-maintenance\/"},"modified":"2024-12-03T14:28:54","modified_gmt":"2024-12-03T19:28:54","slug":"alimony-spousal-maintenance","status":"publish","type":"service","link":"https:\/\/gbfamilylaw.com\/services\/divorce\/alimony-spousal-maintenance\/","title":{"rendered":"Alimony & Spousal Maintenance"},"content":{"rendered":"
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Understanding Spousal Maintenance and Alimony in Texas<\/h2>\n

Under Texas law, there are certain circumstances where you or your spouse would qualify for spousal maintenance. Parties in a divorce also may agree to the payment of contractual alimony in Texas. Our highly experienced divorce and alimony lawyers can offer you clear guidance on how spousal maintenance and alimony laws apply to your unique case and help you to better understand the differences between court-ordered spousal maintenance and contractual alimony in TX.<\/p>\n <\/div>\n

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During a divorce in Texas, alimony and spousal support can be essential concepts to understand if there\u2019s a financial imbalance between spouses; such is the case when one partner does not have full-time employment or the couple had made the decision that one partner would stay home to care for children or elderly parents. When a marriage breaks down, one spouse may be less financially able than the other to move on with life independently, and if this is true for your Texas divorce, maintenance may be awarded to that spouse.<\/p><\/div><\/div>

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For someone to be eligible for court-ordered spousal support in Texas, a court must determine that the spouse seeking maintenance lacks sufficient property to provide for their minimum reasonable needs and one of these conditions is true:

– The spouse is unable to work because of an incapacitating physical or mental disability.

– The spouse has custody of a child who requires substantial care and personal supervision because of a physical or mental disability.

– The spouse has been married for at least ten years and lacks the ability to earn enough income to meet their minimum reasonable needs.

– Family violence occurred within two years before the suit for divorce was filed or while the suit is pending.<\/p>\nClose<\/span><\/div><\/div><\/div>\n\n\n\n

Alimony vs. Spousal Maintenance in Texas<\/h2>

Alimony is a contractual agreement that parties can make and sets the expectation for one spouse to pay the other spouse support for a specified period of time. When parties agree to the payment of contractual alimony in Texas divorce proceedings, it\u2019s important that the terms of the agreement are specific and clearly defined. Paying temporary spousal support in a Texas divorce may be a good tool for settling your case when one spouse will need financial assistance and time to get back on their feet following a divorce.

Spousal maintenance ordered by the court is a temporary rehabilitative measure for a divorced spouse whose ability to self-support is lacking or has deteriorated over time and whose assets are insufficient to support their reasonable minimum needs.<\/p><\/div><\/div><\/div><\/div>\n\n\n\n

Temporary Spousal Support<\/h2>

In Texas, temporary spousal support is a court order to provide a means of protecting the welfare of a financially dependent spouse between the time the petition is filed and the divorce is granted. While a divorce action is pending, the court may issue an order for temporary spousal support in Texas directed to one or both of the parties that requires payments to be made for the support of either spouse.<\/p><\/div><\/div><\/div><\/div>\n\n\n\n

Spousal Maintenance & Alimony FAQs<\/h2>
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How Is the Length of Spousal Maintenance in Texas Determined?<\/h3><\/div><\/span><\/div>
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The duration of Texas spousal maintenance depends on how long the parties were married and\/or the reason why it is being awarded. Typically, the parties must have been married for at least ten years for a spouse to be eligible for maintenance in a Texas divorce. Spousal maintenance may be awarded sooner, however, if family violence has occurred; in these cases, the court could award spousal maintenance for up to five years even if the parties have been married for less than ten years. Except in situations where a spouse or child of the marriage is disabled, the length of time the court may order maintenance for is:<\/p>\n\n\n\n