Divorce in Texas? Here’s What You Need to Know About Spousal Support

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Key Highlights
Introduction
Understanding Spousal Support in Texas
Conclusion
Frequently Asked Questions
Recommended Reads

Key Highlights

In Texas, spousal support, also called alimony, is money a court orders one spouse to pay the other after a divorce.
To get spousal support in Texas, several things matter. These include how long the marriage lasted, if the receiving spouse can support themselves, and if there were cases of family violence.
The court looks at many things when deciding how much spousal support to give. These include the money and needs of each spouse, their age and health, and what they contributed to the marriage.
How long spousal support payments last depends on how long the couple was married. A marriage that lasted between 10 to 20 years will have support payments for up to five years.
It is important to get legal advice from a good family lawyer if you are going through a divorce or need spousal support. Their knowledge can help deal with the complexities of family law.

Introduction

Going through a divorce can be tough. This is true when you are trying to understand the laws in Texas about spousal support. This article gives easy-to-understand details about spousal support in Texas. It covers who is eligible, how support is calculated, and what steps to follow when asking for or fighting support. Knowing these things can help people make good decisions during their divorce.

Understanding Spousal Support in Texas

Spousal support, also called alimony, is a court order that says one spouse must pay the other after a divorce. The goal is to help the spouse who needs financial support to keep a decent lifestyle.

In Texas, unlike some other states, courts do not automatically give alimony. They use strict legal rules to decide who gets it, how much they can get, and how long it lasts. These rules look at how long the marriage lasted, the money each spouse has, their ability to earn money, and their overall health.

The Difference Between Alimony and Spousal Support

The words “alimony” and “spousal support” are usually used the same way. However, in Texas, there are two main kinds:

Contractual Alimony: This is an agreement made between spouses in their divorce setting. Since they decide on it privately, it cannot be enforced by the court. However, it can be added to the divorce document for extra security.
Spousal Maintenance: This is support that the court orders. It is given only if certain legal reasons are met. A judge decides how much money and for how long it will be provided. Not paying can lead to legal trouble.

Legal Framework Governing Spousal Support

Texas laws about spousal support are in the Texas Family Code, particularly in Section 8. This section describes who can get support, how long payments can last, and the highest amounts. The law wants to help people be independent while also being fair.

Special situations, like family violence, disability, or taking care of a disabled child, can affect the court’s decision. Judges look at different things to make sure the support order is fair and meets the needs of both sides.

Qualifying for Spousal Support in Texas

To get spousal support, the spouse asking for it must show that they can’t afford their basic living costs. The court only gives support if the spouse meets one of the following conditions:

The marriage lasted for at least 10 years, and the spouse asking for support does not have enough income to cover their needs.
The spouse asking for support has a physical or mental disability that stops them from making enough money.
The spouse asking for support is the main caregiver for a disabled child, which makes working impossible.
The spouse who pays was found guilty of family violence within two years before the divorce was filed.

Criteria for Eligibility

Texas courts look at several things to decide if someone is eligible for spousal support, including:

How long the marriage lasted (longer marriages are more likely to qualify).
The money and things both spouses have, such as job income and what they can earn.
What each spouse contributed to the marriage, like taking care of the home and kids.
Any past cases of family violence or harmful actions.

Duration and Types of Spousal Support

The length of spousal support depends on how long the marriage lasted. It also looks at how able the person is to support themselves.

Length of Marriage	Maximum Duration of Support
Less than 10 years	No support (except for family violence cases—max 5 years)
10 – 20 years	5 years
20 – 30 years	7 years
30 years or more	10 years

Temporary spousal support can be given during a divorce. It helps keep things stable until the final decision is made. Permanent support is unusual. It is given mainly when there is serious disability or if a person is very old.

Preparing for Spousal Support Claims

Whether you are asking for or fighting against spousal support, good preparation is important. Knowing your financial situation and collecting important documents helps your case.

Essential Documents and Information Needed

When filing for spousal support, collect:

Federal and state income tax returns for the last few years.
Pay stubs, bank statements, and investment account information.
Proof of job history, including resumes, licenses, and school records.
Evidence of expenses like rent, mortgage payments, and bills.

A detailed case helps lawyers and the court understand the claim clearly.

Planning and Budgeting for Support Between Spouses

Divorce often needs changes in money management. Whether you are paying or getting support, it is important to make a budget that fits your new money situation.

Calculate your monthly costs. This includes housing, food, healthcare, and transport.
If you get support, add it into your planning. Be ready for changes.
Talk to a money advisor. This will help you stay stable and match your budget with long-term goals.

Step-by-Step Guide to Filing for Spousal Support

Step 1: Understanding Your Rights and Obligations

Before you file, talk to a family law lawyer to learn about spousal support laws in Texas. They will tell you about who can get support and what you will go through in the process.

Step 2: Gathering Necessary Documentation

Collect all needed documents, like identification, marriage certificates, and money records. Good documentation helps build trust and backs up your claim.

Step 3: Filing Your Claim Through Legal Channels

Once you are ready, submit your claim to the right Texas court. Your lawyer will help you with the filing steps and make sure everything meets the legal rules. The court will look at documents and viewpoints from both sides before deciding.

Conclusion

Understanding Texas spousal support laws is important for anyone facing a divorce. Whether you are asking for support or fighting against it, planning and legal help are key. By collecting documents, managing finances, and talking to a lawyer, people can handle the process better. If you have questions or need expert legal help, reach out to a good family law attorney.

Frequently Asked Questions

How is spousal support calculated in Texas?

Texas law limits spousal support to a maximum of $5,000 a month or 20% of the income of the spouse who pays. Courts also look at the money needs of both people before making a choice.

Can spousal support be changed after the divorce is done?

Yes, spousal support can be changed if there is a big shift in circumstances, like losing a job, being disabled, or getting remarried. The person asking for the change must show proof to the court.

In Texas, how long does spousal support usually last?

Support time depends on how long the marriage lasts. For marriages that last 10 to 20 years, support can last up to 5 years. For those married between 20 to 30 years, support can go on for 7 years. If the marriage is over 30 years, support may last for 10 years.

What happens when the spouse who pays stops giving spousal support?

If the spouse who pays money does not make the payments, the spouse who receives the money can ask the court for help. The court can set legal actions, like taking part of their wages or charging them with contempt of court.

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