Fighting for and against spousal support depending upon your circumstances.
Fighting for and against spousal support depending upon your circumstances.
THERE IS NO COURT-ORDERED ALIMONY IN TEXAS. In other states, alimony is typically granted during and after divorce proceedings to help an economically disadvantaged spouse maintain his or her standard of living. In Texas, courts have the discretion to award spousal maintenance to a spouse who will lack sufficient property at the conclusion of a divorce to support his or her minimal reasonable needs. Standard of living is not a consideration.
However, parties may contract and agree to alimony or spousal support terms and conditions either as a means of further support or as a creative solution to the division of the parties’ estate. Toombs Imel & Associates attorneys are experienced with working with couples to effectively pursue the best possible outcome inside and outside of court.
How is spousal maintenance awarded?
Not easily unless you are disabled or have a disabled child. In fact, there is a presumption against the award of spousal maintenance in Texas, meaning the requesting party must establish his or her need and eligibility for a maintenance award. However, temporary spousal support can be awarded during the divorce proceedings if necessary.
As a general rule, a spouse is not eligible for spousal maintenance in a marriage lasting less than 10 years. Even after reaching the 10-year mark, the spouse requesting maintenance must show that he or she is actively pursuing gainful employment or working on obtaining the skills necessary to become gainfully employed.
If an agreement cannot be reached, the amount and duration of spousal maintenance awarded is determined by a variety of considerations, but is capped at the lesser of 20% of the paying spouse’s average gross monthly income or $5,000.00 per month.
The court is required to limit the duration of the maintenance award to the shortest period of time to enable the supported spouse to earn sufficient income to support that spouse’s minimum reasonable needs.
Whether you are the spouse requesting or seeking to avoid the imposition of spousal maintenance, let us help you navigate the complexities of your situation to advocate for your best interests.