Spousal maintenance, also known as alimony or spousal support in other jurisdictions, involves regular payments from one spouse to another due to a divorce. When spouses no longer live together and share income, one spouse may be at a significant financial disadvantage. They could be at risk of substantial economic hardship or may experience a drastic reduction in their standard of living.
Texas has a unique approach to spousal maintenance that is much stricter than the process in many other jurisdictions. Those hoping to request spousal maintenance and those anticipating a claim from a lower-earning spouse need to understand the standards that determine if the courts will award spousal maintenance or not in a specific case.
What are the unique Texas requirements?
The first consideration when a spouse petitions the courts for spousal maintenance is whether they actually need the support. Their limited current income and potentially reduced long-term earning potential are key factors for the courts to consider. The courts also assess whether the higher-earning spouse is capable of paying spousal maintenance without experiencing financial hardship.
The law also requires that the petitioning spouse meet one of four very strict requirements. They must show that the marriage has lasted at least 10 years, that incapacitating and debilitating medical conditions prevent them from working, that they were victims of domestic violence or that their responsibility to care for a shared child with special needs prevents them from maintaining full-time, gainful employment.
Provided that the situation meets the standards outlined in Texas state law, the courts may issue a spousal maintenance order requiring that the higher-earnings spouse provide a specific amount of financial support for a set amount of time.
Agreements can bypass litigation
Divorcing Texas spouses have the option of working cooperatively with one another to reach a mutual agreement regarding social maintenance. In fact, they may have already done so when establishing terms for a prenuptial or postnuptial agreement. They can set their own maintenance terms without litigating in family court.
Consulting with an experienced family law attorney is important for those anticipating a request for spousal maintenance or in need of financial assistance during and after a divorce. Attorneys can help spouses evaluate their circumstances to better predict whether a request for financial support is likely to succeed.
