Even in divorce cases where the spouses part on relatively good terms, alimony can be a contentious issue.
In Texas, alimony is known as spousal maintenance or spousal support. While it’s not a part of every divorce, it can be a crucial step in cases where one spouse will be left with significantly less income potential than the other.
One fairly common scenario involves a spouse who gave up a career in order to care for the couple’s children during the marriage while the other continued to work in a high-paying career. When they divorce, they can divide their property according to Texas law, but even if the stay-at-home spouse gets a generous share of the community property, it will be hard for them to find a job that pays them enough to enjoy anything like the standard of living they enjoyed during the marriage. Meanwhile, the other spouse gets to continue making the high income they enjoyed during the marriage.
In a case like that, spousal maintenance could be a necessary step to help the stay-at-home spouse until they can be financially independent.
From the other spouse’s perspective, however, things can look very different, They might ask why they must continue to support their ex.
Court-ordered spousal maintenance
Today, most issues in divorce are settled out of court through negotiation between the parties. However, there are are cases in which the parties can’t agree, and they have to let the court resolve certain issues. These can include spousal maintenance orders.
Texas courts decide on a case-by-case basis whether to award spousal maintenance. Generally, there are four circumstances in which they will order spousal maintenance:
- If the paying spouse has been convicted of domestic violence offenses against the other spouse or their child.
- If the spouses agree to it.
- If the receiving spouse is a sponsored immigrant and needs financial support until they can become a citizen or accumulate sufficient work hours.
- If the duration of the marriage was at least 10 years and:
- The receiving spouse lacks sufficient income and resources; or
- The receiving spouse is either disabled, or the primary caretaker of a disabled child, or lacks earning capacity.
A maintenance order is limited in duration, meaning it might last from five to 10 years at the most. The amount of payments is limited as well.
To find out how spousal maintenance might play out in your case, it is best to talk to an experienced professional.