Alimony
Colloquially called “alimony,” Spousal Maintenance is determined by a court and requires a strict standard to be awarded minimum non-poverty amounts.
Alimony
What is Alimony?
Spousal Maintenance
Sometimes called “alimony,” spousal maintenance is ordered by the court. Spousal Maintenance is a non-negotiable directive from the court.
Spousal Support
“Spousal support” can be agreed to by a divorce mediation, or by a voluntarily signed Agreement Incident to Divorce (AID) contract, where the divorcing parties shape their agreement.
Either one of these terms may be colloquially called “alimony,” which is not a legal divorce court term for Texas.
Factors Considered Spousal Maintenance
Texas has one of the higher bars to cross to be awarded Spousal Maintenance. Factors considered upon a divorce are:
- Each spouse's physical abilities (such as a disability), financial resources on hand, education, employment skills, health, and age.
- The duration of a marriage.
- Family Violence may affect awards (within 2 years of filing for divorce).
- Custody of a minor disabled child who may not allow the custodial parent to work enough to make a living.
- Fault of Divorce
A spouse seeking support may have to prove that they have been looking for a job, or acquiring training / education to better their chances of being hired for a job.
Timing
This differs from Temporary Spousal Support, which is granted during a divorce case. Spousal Maintenance starts upon divorce and can persist for a number of years.
- Marriages 10 - 20 Years = Maximum 5 Years
- Marriages 20 - 30 Years = Maximum 7 Years
- Marriages 30+ Years = Maximum 10 Years
Voluntary “spousal support” agreed to by a divorce mediation, or Agreement Incident to Divorce (AID) contract, is not subject to these limits.
How Much May Be Paid for Spousal Maintenance?
Generally, the Texas presumption is that just enough to avoid poverty should be awarded. Under the law, the payer cannot pay more than the lesser of:
- $5,000 or
- 20% of their gross monthly income.
Voluntary “spousal support” agreed to by a divorce mediation, or Agreement Incident to Divorce (AID) contract, is not subject to these limits.
How Might Spousal Maintenance be Paid?
- Withholding/payment from the obligor's employer.
- Motions of Enforcement
- Crediting the Amount to Another Money Judgement
- Qualified Domestic Relations Order