How Is Eligibility Determined? What Factors Does the Court Consider? What Are the Different Types of Spousal Maintenance?
Your marriage has ended. Maybe you worked at home, cleaning, cooking and managing the household affairs. If so, the idea of reentering the working world can be daunting. You may not have the skills or experience to find a job that will allow you to maintain the standard of living you had while married. You may wonder whether spousal maintenance is an option, either permanently or until you can get back on your feet. Let’s look as some of the most frequently asked questions about spousal maintenance in Texas.
The Importance of Spousal Maintenance after a Divorce
Multiple studies have demonstrated the potential financial difficulties parties can face after a divorce. According to one report, about 20% of women end up below the poverty line as a consequence of divorce. A spousal maintenance award can go a long way toward eliminating that likelihood.
Frequently Asked Questions about Spousal Maintenance in Texas
Q: What is spousal maintenance?
A: Spousal maintenance (known as spousal support or alimony in many other states) is a court-ordered payment from one spouse to another as part of a divorce decree. In Texas, spousal maintenance may take a number of different forms:
- Contractual—this type of spousal maintenance is typically negotiated by the parties and then made part of a court order. The parties have latitude to make the payments temporary or permanent and get to negotiate the amount that will be paid.
- Court-ordered—This type of support, while rarely granted, comes directly from the court, and may be temporary or ongoing.
Q: What factors are considered in a request for spousal maintenance?
A: The court may consider a wide range of factors, including the length of the marriage, the age and health of the parties, the employment history of the parties and the extent to which either party dissipated marital assets. As a general rule in Texas, the parties must have been married for at least 10 years before a court will consider granting spousal maintenance.
Q: Can a spouse lose the right to receive spousal maintenance in Texas?
A: Yes. In Texas, court-ordered spousal maintenance will be automatically terminated if the recipient remarries or is deemed by the court to be cohabitating with another person in a romantic relationship. Death also terminates such an order. Parties to contractual alimony may establish cause for termination in the agreement.
Contact DTX Family Law for Sound Advice Regarding Spousal Maintenance in a Texas Divorce
At DTX Family Law, we built our reputation and practice by focusing on the needs and best interests of our clients. We have an extensive knowledge and understanding of Texas divorce laws and procedures, including any issues related to college funding in a divorce proceeding. We’ll carefully explain your rights and options, as well as your chances of success, so that you can make good decisions for you and your family. Chrysandra is board-certified by the Texas Board of Legal Specialization, an honor earned by less than one of every ten family law attorneys in the state. To schedule an appointment with a proven and effective Texas family lawyer, visit our website or call our offices at 940-566-0606.
Handling Divorce and Family Law Matters throughout Denton and the surrounding communities, including Denton, Collin, Wise, Tarrant and Cooke counties and the municipalities of Keller, Euless, Hurst, Colleyville, Bedford, Crowley, Lake Worth, Benbrook, Haslet, Saginaw, Watauga, Richland Hills, White Settlement, River Oaks, Forest Hill, Kennedale, Westover Hills, Lakeside, Pelican Bay and North Richland Hills