Whenever a couple divorces, many issues must be clarified during the process. One of the most important involves spousal maintenance, which is the awarding of financial support to the lower-income spouse by the court. Commonly referred to as alimony, it is decided on a case-by-case basis, since no two divorces are exactly alike. In Texas, numerous factors play a part in determining diligence and spousal maintenance. If you are in the midst of a divorce and need to learn more about the specific issues of diligence and spousal maintenance, here are some aspects of the process you can discuss in greater detail with your Arlington divorce attorney.
How do Courts Order Spousal Maintenance?
For a Texas court to order spousal maintenance, certain factors must apply to your case. The most important are that your marriage must have lasted for a minimum of 10 years, and also that the spouse seeking financial support must lack sufficient property or income that will allow them to maintain a reasonable standard of living. In addition to this, the spouse seeking support must also be disabled, caring for a disabled child, or lack an earning ability to have a reasonable standard of living.
Earning Ability Factors
Since earning ability plays such a crucial role in these cases, the court will examine a number of factors in making its decision. These can include the spouse’s employment and education backgrounds, financial resources each spouse will have once all property is divided, and the time needed by the lower-income spouse to obtain training enabling them to earn a sufficient income. Other factors, such as the spouse’s age and health, may also factor into the court’s decision.
Length of Spousal Support Payments
As for how long spousal support payments will be made in these cases, Texas courts use guidelines based on the length of the marriage. For example, for marriages that have endured at least 10 years but not more than 20 years, spousal support payments cannot last more than five years. However, marriages of 20-30 years can have spousal support payments of seven years. And for those unions lasting 30 years or more, support payments may go as long as 10 years. But it is important to remember that other factors, such as a disability or care of a child, may alter these guidelines. In these situations, the court can order payments to continue indefinitely, until the lower-income spouse is able to earn an income that will allow for a reasonable level of care to the disabled child.
How are Payment Amounts Calculated?
In Texas, there are no specific formulas for calculating these payments. Generally, the court will order the higher-income spouse to pay either $5,000 or 20 percent of their gross monthly income, whichever is the lesser. Once determined, the court will draft an order requiring the employer of the higher-income spouse to withhold a specific amount of wages and remit it to the lower-income spouse.
Do Payments Ever End?
Spousal maintenance payments can end if certain conditions apply. This often means either spouse has died, or the lower-income spouse has either re-married or is living with another individual in what the court considers to be a romantic relationship. If this occurs you will need a divorce attorney to represent you in order see if the courts will end your spousal support payments.
Contact the Law Office of David Kohm
Call our law offices today at any of our convenient locations and get a free consultation.
Arlington (817) 522-4451
Addison (972) 564-8108
Denton (940) 222-4060
Dallas (972) 362-6848
Garland (214) 572-2251
Fort Worth (817) 764-1375
Cedar Hill (972) 338-9427
McKinney (469) 522-3688
Lewisville (972) 354-4605
Frisco (972) 725-7681
Grapevine (817) 835-8677
Irving (972) 354-4610
Keller (817) 204-0904
Plano (972) 354-4602
You can also contact us online by using our quick contact form.
