When a couple divorces, one party may not have enough income to support themselves afterwards. Spousal support may be awarded to alleviate that need for support. This may necessitate that the higher-earning spouse to pay support payments to the lower-earning spouse for a period of time. This time period may be dependent on age of the children or time for the dependent former spouse to get a degree so they can get a good job, or even just get a job at all.
It may make sense for judge to order or approve these payments so that a lower-earning spouse can eventually be financially able to contribute and provide for the children along with the higher earning spouse. Texas law refers to this kind of financial obligation as “spousal support,” when the two parties agree on necessary payments.
A support payment is designed to assist the spouse who needs it to get on their feet after a divorce. For example, if the former husband is earning good money, he may prefer his former wife to remain at home and care for their little children. He may feel it makes sense that the mother of the children be able to stay home and care for their children then to pay for daycare. When the kids start attending school fulltime, then former wife is freed up to get a job and spousal support would no longer be needed.
“Spousal maintenance” is court-ordered spousal support. Many people refer to this as “alimony,” but the term is not included in Texas law.
Contractual Vs. Court-Ordered
When the two parties voluntarily agree to support payments in their divorce settlements, it’s known as “spousal support.” The courts prefer that the parties make their own agreements but will still have to approve any agreements when issuing the Final Judgement of divorce. The parties and their attorneys can work out payments based on the contributing spouse’s income and the needs of the dependent spouse.
Contractual support must have the agreement of both parties, and there are no caps or legal limits. The terms are added to their final decree of divorce. These types of payments aren’t as common as they used to be. In the past, women often had to receive support from their husbands as they had no means to support themselves. Today ex-wives are often able to enter the work force and do not mind working at their jobs and careers post divorce. It is important to note, if the spouse paying the support defaults, the receiver will have to pursue their claim in civil court as a breach of contract.
If the parties can’t agree, then the court will order spousal maintenance, but only in limited circumstances, and if the party requesting support qualifies. A judge can order spousal maintenance as an involuntary payment following the requirements set out by Texas family law.
For contractual spousal support, the parties agree to whatever they decide together and it has no caps or limits. The highest amount of spousal maintenance that a court may order is 20% of the paying spouse’s average monthly gross income, or $5,000.00 per month, whichever is less.
Eligibility
For contractual spousal support, the parties must agree to the terms and conditions. Spouses who will not have the resources to provide for themselves following the divorce are eligible, if:
• The paying spouse was convicted of or received a deferred adjudication for an act of family violence during the marriage or within two years of the filing of the divorce, or while the divorce action was pending, or
• The receiving spouse is unable to earn income sufficient to provide for their own needs due to a disability, caring for a disabled child, or being married to the paying spouse for at least ten years.
There are also time limits on how long a divorced spouse can receive support from their former spouse:
• Five years if the marriage lasted more than ten years but less than twenty if the receiving spouse is eligible.
• Seven years if the marriage lasted more than twenty years but less than thirty if the receiving spouse is eligible
• Ten years if the marriage lasted thirty years or longer
Texas law requires the court to limit spousal support to the shortest and most reasonable time frame for the receiving spouse to meet their basic needs. Therefore, these are the maximum allowable times under the law, but not compulsory for all cases.
When Does Spousal Support Or Maintenance End?
Generally, the agreed-to-spousal support is for a set time frame that the two parties decide upon during their divorce negotiations. This can be based on individual factors such as the ages of the children, the time it will take the receiving spouse to complete their education or other established period.
In addition to the aforementioned limits, there are a few conditions that end court-ordered spousal maintenance:
1. The remarriage of the receiving spouse
2. The death of the receiving spouse
3. The term of the spousal maintenance expires
4. The receiving spouse is in a romantic relationship and cohabitates with the partner
Spousal maintenance can last indefinitely if the eligibility requirements continue to exist, such as lifetime disability or disability of a child from the marriage.
Divorce Attorney in Fort Worth Dallas Area
Wendy L. Hart has been helping people in the Fort Worth area with all their family law issues since 2001. She represents both men and women in all aspects of divorce, including spousal and child support matters.
Call us at (817) 842-2336 to book your virtual appointment or consultation. Don’t try to handle a divorce, spousal maintenance, or other family law matter by yourself. Contact The Law Office of Wendy L. Hart and get the help you need.