At Jackman Law Firm, we know that facing divorce brings many hard choices, especially when it comes to spousal support and alimony.
We’ve been by our clients’ side since 2014, helping them deal with the emotional and money matters that come with the end of a marriage. If you’re feeling the weight of these challenges, you’re not alone. We are here to help you work through the issues that arise and work towards a fair outcome.
Spousal Support and Alimony in Houston
In Texas, the terms spousal support and alimony are often used interchangeably. Both refer to the financial assistance one spouse may provide to the other after a divorce. However, there is a small difference:
- Spousal Support can include both payments agreed upon by both sides outside the courtroom as well as those ordered by a judge.
- Spousal Maintenance is the term used when the court orders one spouse to pay the other. This is a more formal arrangement with clear legal guidelines.
Texas Family Code
The rules for spousal support are found in the Texas Family Code. These laws set out how long you need to be married to be eligible for maintenance, the situations where support may be granted, and the factors the court looks at when deciding the amount and duration of payments.
Eligibility for Spousal Support in Texas
So, are you eligible for spousal support?
Minimum Marriage Duration
In Texas, the law states that a marriage must last at least 10 years for a spouse to be eligible for a court order of spousal maintenance. This rule helps ensure that support is only provided in long-term marriages, although there are exceptions for certain situations. If you have agreed on spousal support through a contract between you and your spouse, these restrictions do not always apply.
Qualifying Circumstances
There are a few key situations that might make someone eligible for spousal support:
- Disability: If you are dealing with a disability that affects your ability to work.
- Child Care Responsibilities: When you have the primary responsibility for a child with special needs.
- Family Violence: A history of abuse or violence may also be considered.
It is important to show that you cannot earn enough money on your own to support yourself after a divorce. The burden of proof rests on you, which means clear evidence is needed to support your case.
Types of Spousal Support in Texas
In Texas, spousal support, often called alimony, varies based on individual circumstances and court considerations. This overview outlines the key types of support available during divorce or separation.
Contractual Alimony
Contractual alimony is an arrangement that both parties agree on without involving the court. This type of agreement can offer more flexibility and can be adjusted if both sides come to a new understanding.
Court-Ordered Spousal Maintenance
When the court is involved, spousal maintenance is determined based on strict legal criteria. The process is more formal, and all the conditions set out by the Texas Family Code must be met.
Temporary Spousal Support
During the divorce process, temporary spousal support may be granted. This type of support is meant to help you keep up with everyday expenses until a final decision is made.
Factors Considered in Spousal Support Determinations
When deciding on spousal support, several factors come into play. Here are some key points that the court looks at:
- Length of the Marriage: Longer marriages often result in longer periods of support.
- Financial Resources and Earning Capacity: The court examines both what you have and what you can earn.
- Contributions to the Marriage: Your role as a homemaker or caregiver counts as an important contribution.
- Education and Job Skills: These help determine your potential for future earnings.
- Age and Health: Both factors are considered to ensure that the support amount is fair.
- Marital Misconduct: Any misconduct that may have affected the marriage can be taken into account.
- Property Owned Separately: What you own before the marriage can impact the decision.
- History of Family Violence: This history is a serious factor in the court’s considerations.
Duration and Amount of Spousal Support
The length of time that support lasts depends on how long the marriage lasted. For example, marriages that have lasted for 10 to 20 years might result in support that lasts for a limited period, while longer marriages could lead to support that continues for more time. The type of support—whether it is contractual or court-ordered—can also affect the duration.
Monthly Payment Caps
In some cases, there is a cap on the monthly payments. Texas law may impose a cap, such as $5,000 per month or 20% of the paying spouse’s income, to ensure that the payments remain within a reasonable limit.
Possibilities for Extension
There are circumstances where the court may extend the duration of support. This can happen if there are changes in the financial situation of either party or other significant life changes that require reconsideration of the support arrangement.
Modifying or Terminating Spousal Support
Life does not stand still, and sometimes a change in your situation may warrant a change in the support arrangement. If there is a major change such as a loss of employment, a significant change in income, or health problems, you might be able to ask for a modification of the support order.
Automatic Termination
There are also situations where support ends automatically:
- Remarriage or Cohabitation: If the receiving spouse remarries or starts living with someone in a manner that resembles a marriage, support usually stops.
- Death: Support naturally ends if either party passes away.
Different Rules for Contractual and Court-Ordered Support
The process for modifying a contractual alimony agreement can differ from that of a court-ordered maintenance case. It is important to know which rules apply to your situation so that you can act accordingly.
Contact Jackman Law Firm Today
If you’re in Houston facing spousal support or alimony issues, contact us now for a consultation. We’ll review your case, discuss options, and guide you on documents to bring—like marriage/divorce papers, financial records, and support agreements. Call us at 844-303-0001, fill out the online form, or visit our Houston office anytime. At Jackman Law Firm, your well-being matters, and we’re ready to help secure your financial future.
