Alimony, spousal support, or maintenance, as it is called in Texas, provides vital financial assistance to a spouse after a divorce. There are multiple types of maintenance options, including lifetime alimony in Texas. But how do you go about securing permanent alimony? Or how do you ensure the amount is calculated correctly? And what are your options if you fail to meet the requirements for receiving it? At Bailey & Galyen, we strive to provide information that helps divorcing clients confidently address spousal support needs after a dissolution. Our goal with this learning resource is to clarify what lifetime alimony in Texas means, other options for maintenance, and how to secure your best financial future with the help of our Texas spousal support attorneys.
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First, How Does Divorce Work in Texas?
In Texas, a divorce may be considered a no-fault divorce or a fault-based divorce. No-fault divorce simply requires one spouse to believe the marriage cannot be saved due to conflicts or issues that are not going to improve. In that case, there is no need to present evidence of wrongdoing on behalf of either party. A fault-based divorce requires proof of wrongdoing by one spouse, such as adultery, cruelty, abandonment, or felony conviction. Such wrongdoing can potentially affect alimony and property division decisions during the divorce process. To file for either type of divorce in Texas, couples must meet the following criteria:
- One spouse must have been a resident of Texas for at least six months before filing.
- One spouse must have resided in the county where the divorce is filed for at least 90 days.
- The marriage must be legally recognized in Texas.
How Is Spousal Support Calculated in Texas?
First, it’s important to note that not all divorce judgments include an award of spousal support. The court must consider many factors before granting maintenance or spousal support. To learn whether you or your spouse may qualify for spousal support, talk to an experienced Texas family law attorney.Maintenance Is Based Upon Minimum Reasonable Needs (MRN)
To receive financial support from an ex-spouse in Texas, the court will consider the recipient’s minimum reasonable needs (MRN), which include:- Monthly rent or mortgage payments
- Utilities and basic household expenses such as food, clothing, and transportation
- Health insurance premiums and medical care costs
- Child support payments for any children from the marriage
- Any other necessary expenses that meet the recipient's minimum reasonable needs
- The education and employment skills of the recipient spouse
- Child custody arrangements
- The duration of the marriage
- Each spouse's age, education level, and physical/mental health
- The contributions one spouse has made to the other's education or career during the marriage
Statutory Eligibility Factors Related to Spousal Support
If the court determines that one spouse does not have sufficient assets to meet their minimum reasonable needs (MRN), and that they require financial support from the other spouse after the dissolution of marriage, the court may award maintenance. However, the spouse requesting maintenance must fall into one of the following categories:- They have been married to the other party for at least 10 years but cannot earn enough income to meet their own MRN;
- They are unable to earn enough income to provide for their own MRN because they are physically or mentally incapacitated;
- They are the legal custodian of the parties’ child who needs special care as a result of a disability that also prevents the recipient spouse from working to earn enough to meet their MRN.
Potential Maintenance Duration and Compensation Amounts
Generally, once the eligibility requirements are met, the court can award the receiving spouse alimony up to 20 percent of the payor's monthly income or $5,000, whichever is less. Typical the court may order maintenance for certain time limits not to exceed:- Five years if the marriage lasted less than ten years but the paying spouse was convicted of a family violence crime as described above
- Five years if the marriage lasted between ten and 20 years
- Seven years if the marriage lasted more than 20 years but less than 30 years
- Ten years if the marriage lasted more than 30 years
How Do You Qualify for Lifetime Alimony in Texas?
Though the state has parameters for compensation amounts and duration based on specific situations, permanent or lifetime alimony is possible in Texas.
To receive lifetime alimony, the recipient spouse must qualify under one of these situations:
- The requesting spouse has an incapacitating physical or mental disability that substantially or totally prevents them from earning sufficient income;
- The requesting spouse cannot earn enough income to meet their MRN due to caring for an infant or a child of the parties;
- “Another compelling impediment to earning sufficient income” as defined by the Texas Family Code.
How Are Spousal Support Payments Made in Texas?
If maintenance is ordered in Texas, there are a few different ways the amount can be paid to the receiving spouse:- Lump-sum payment: This is common for short-term marriages - usually under 10 years. The payor gives the recipient a one-time payment of the total alimony amount.
- Periodic payments: Typically set up for longer marriages, or other situations where both parties agree to it, this option enables the paying spouse to provide monthly spousal support for an agreed-upon duration.
- Wage withholding: The Texas courts can order the paying spouse's employer to withhold a set amount from their paychecks and deposit it directly into the recipient's bank account.
How Do Prenuptial and Postnuptial Agreements Affect Spousal Support in Texas?
Prenuptial and postnuptial agreements can significantly impact spousal support in Texas. These agreements are contracts entered into by a couple before or after their marriage, which outline how their assets will be divided in the event of a divorce. If a couple has a valid prenuptial agreement that addresses spousal support, the court will likely enforce the terms outlined in the contract. This means that if a spouse enters a prenup waiving their right to receive spousal support upon divorce, the court will honor that decision. For a prenup to be enforceable, both parties must enter the agreement voluntarily and with full disclosure of all assets and income. A court may not enforce a prenuptial agreement if it finds evidence of coercion or fraud. This highlights the importance of working with a knowledgeable and experienced Texas divorce lawyer to ensure the validity and fairness of your pre- or postnuptial agreement.How Can a Texas Divorce Lawyer Help Ensure the Correct Amount of Spousal Support Is Ordered in My Texas Divorce?
When temporary or lifetime alimony in Texas is on the line, you need a skilled and knowledgeable divorce lawyer who can:- Gather and present evidence to the court that supports your argument for or against spousal support
- Negotiate with your ex-spouse's lawyer for a reasonable amount of spousal support
- Ensure that any pre- or postnuptial agreements are valid and enforceable in court
- Advocate for your needs and rights during all legal proceedings regarding spousal support
Lifetime Alimony in Texas FAQs
Does Texas offer lifetime alimony?
A spouse may be eligible for lifetime alimony under certain circumstances. If you need ongoing alimony, an experienced divorce lawyer may be able to secure lifetime alimony if you meet the eligibility requirements. As a paying spouse, trust a qualified maintenance lawyer to protect your financial future by limiting the amount you pay according to the law.Can I modify the terms of spousal support payments after my divorce concludes?
Yes, you can petition for a modification of spousal support payments if your circumstances have significantly changed, such as due to job loss or disability. However, it is essential to seek legal advice before attempting to modify spousal support payments.Can alimony and child support be ordered at the same time?
Yes, it is possible for a spouse to receive or pay both alimony and child support simultaneously. However, the court will consider all sources of income when determining the amount of spousal and child support payments.What happens if one spouse stops making alimony payments?
An attorney can help you if the paying spouse fails to fulfill the financial aspects of a divorce order. Remedies may include wage garnishment or penalties for non-payment.Do I need a lawyer to secure spousal support in Texas?
While you are not required to have a lawyer, having one can significantly increase your chances of receiving the maximum amount of spousal support you need. A lawyer can also ensure that all legal requirements are met, creating a shorter delay in receiving payments.Do You Have More Questions About Lifetime Alimony in Texas? Contact Bailey & Galyen for Answers
