Is Alimony Automatic in Texas?

Alimony is also known as spousal maintenance. It offers periodic spouse payments from her ex-spouse’s future income after divorce. In Texas, the hard and fast 10-year rule doesn’t exist. Here are other important things you should know about alimony in Texas.

The Texas Legislature passed a spousal maintenance law in 1997. It’s included in the Texas Family Code, Chapter 8. As of that time, Texas was among the few states that didn’t have any alimony provision. This was highly criticized, majorly by women, because people were getting divorced and most women had either forgone their careers and were stay-at-home moms and housewives. After a divorce, these people were left destitute with nothing to hold on.

The so-called spousal maintenance is disfavored in Texas. The state has never had any provision for alimony until 1997. This is the reason you should hire a knowledgeable divorce lawyer in Houston if you’re battling with alimony issues.

Alimony isn’t automatic

In Texas, spousal maintenance isn’t automatic, and there is no guarantee you will get it. The court may order the spousal maintenance if your spouse was convicted for domestic violence within two years before the date you filed the divorce petition or the marriage was at least ten years.

You, the souse seeking spousal maintenance, must prove that you lack enough resources to cater to your minimum reasonable needs. Besides, you must prove that employment is challenging to maintain or even gainful employment isn’t possible due to mental or physical disability.

A court can also order spousal maintenance if your child has a disability that prevents you from being employed away from your home. In case you are elderly and can’t secure employment, the can may also order spousal maintenance.

Temporary spousal maintenance

Temporary spousal support during the case is all about supporting your ex-spouse while the case is still pending. Keep in mind that the court can order a spouse to pay her ‘temporary spousal maintenance’ (also known as spousal support) for financial support during the litigation pendency.

Spousal support is usually given to one spouse due to proven financial needs. For instance, if you’re working as a receptionist to fill your time and get money and you’re approaching your senior age. So, your kids are grown and probably gone. Your husband has a very good income, and both of you are living in a very expensive home. In case of divorce, the court can order your husband to provide you with spousal support during the pending of the case. This will allow you to continue making utility and other related payments.

Contractual alimony

You and your spouse can agree for post-divorce alimony as an aspect of the division of the marital real estate. This type of alimony can be structured in such a way that payments become deductible in the calculation of the obligator’s taxable income. Keep in mind that the failure to pay the agreed contractual alimony is perceived as a breach of contract. This subjects you, the non-paying spouse to every remedy for a contract breach debt collection.