Spousal Support in Texas: Does Length of Marriage Matter?

One of the grounds for receiving post-divorce spousal maintenance, or alimony as it is known to many, relates to the length of the marriage.  If you have been married for ten years, you may be entitled to receive post-divorce spousal maintenance.  Post-divorce spousal maintenance has been available in Texas since 1995.  However, there have been recent changes to the Texas Family Code which may make it easier to obtain.

If you have been married for at least 10 years and you lack the ability to earn sufficient income to provide for your minimum reasonable needs, you may be entitled to receive spousal maintenance.  The question then becomes "what is meant by minimum reasonable needs?”

Unfortunately, there is no set definition.  The courts must look at the facts presented in each specific case to determine whether spousal maintenance is appropriate. 

Some factors the court can consider in determining whether to award spousal maintenance are the seeking spouse’s educational background and employment skills, the work/business opportunities available to that spouse, the age of the spouse, and the contributions of the spouse as a homemaker. 

The length of time that a spouse can receive spousal support depends upon the total length of the marriage.  For example, if a spouse has been married for more than 10 years but less than 20, that spouse may be eligible to receive support for up to five years.  If a spouse was married more than 20 years, but less than 30 years, that spouse may be eligible to receive support for up to seven years.  Finally, if a spouse was married more than 30 years, that spouse may be entitled to receive support for up to 10 years. 

In all of the above situations, however, it is important to note that the court is generally required (with a few exceptions) to limit the duration of a maintenance order to the shortest reasonable period that allows a spouse seeking maintenance to earn sufficient income to provide for the spouse’s minimum reasonable needs.

For more information, please visit our website at http://www.meganrachel.com or call our office at 972-424-6069.

Spousal Support in Texas: What it could mean for you

Texas first adopted spousal maintenance, also commonly known as spousal support or alimony, in 1995.  The purpose of spousal maintenance is to provide temporary and rehabilitative support for a spouse after divorce.  Originally spousal maintenance was intended to provide for the support of long-term homemakers.  The laws of spousal maintenance have since been expanded to protect disabled spouses, spouses who care for disabled children and spouses who have been the victims of family violence.

Beginning on September 1, 2011, some important changes took effect with respect to laws regarding spousal maintenance.  One of the more significant changes relates to the monthly amount of spousal maintenance one spouse can be required to pay to the other spouse.

As of September 1, 2011, in situations where post-divorce maintenance has been found to apply, a spouse who is ordered by the court to make monthly spousal maintenance payments to his or her ex spouse may now be required to pay up to $5,000.00 or 20 percent (whichever amount is less) of his or her average monthly gross income.  This is a significant increase from the earlier statutory language which provided for a maximum award of $2,500.00 or 20 percent (whichever amount is less) of a spouse’s monthly gross income.  The increase applies to divorce cases that have been filed after September 1, 2011.

Spousal maintenance is not available in every divorce case.  Whether you or your spouse may be entitled to receive or will be required to pay spousal maintenance will be determined based upon your individual fact scenario.

For more information, please visit our website at http://www.meganrachel.com or call our office at 972-424-6069.