Alimony & Spousal Maintenance in Houston, TX
Did you know spouses that have served as stay-at-home parents are often time entitled to monthly payments from the other spouse after a divorce? Contact Attorney Shawn M. Rudisel, your Houston divorce lawyer, today for a complimentary consultation so you can better understand the divorce process in Texas and your rights. Below is a summary of alimony and spousal maintenance.
What is the Difference between Alimony and Spousal Maintenance in Texas?
The Internal Revenue Service (IRS) defines contractual alimony. Parties can enter an agreement to pay alimony as defined by federal law but a Texas court cannot order it. Alimony payments are considered income to the receiving party and alimony may be deducted from the income of the paying party for tax purposes. The IRS has very specific guidelines that must be followed to for payments to be considered alimony. The same is not always true of court-ordered Spousal Maintenance.
What is Spousal Maintenance?
What are the Eligibility Requirements to be Awarded Spousal Maintenance in a Texas Divorce?
- The spouse seeking maintenance will lack sufficient assets upon divorce (property and debt division) to support the spouse; and the spouse from whom maintenance is requested was convicted of or placed on probation during the marriage or within two years of filing for divorce, for an offense involving family violence which was committed during the marriage against the other spouse or the other spouse’s child;
- The spouse seeking maintenance:
- is unable to earn sufficient income to provide for the spouse’s minimum reasonable needs because of an incapacitating physical or mental disability;
- has been married to the other spouse for 10 years or longer and lacks the ability to earn sufficient income to provide for the spouse’s minimum reasonable needs; or
- is the custodian of a child of the marriage of any age who requires substantial care and personal supervision because of a physical or mental disability that prevents the spouse from earning sufficient income to provide for the spouse’s minimum reasonable needs.
What Factors may the Court consider when Awarding Spousal Maintenance in Texas?
(1) each spouse’s ability to provide for that spouse’s minimum reasonable needs independently, considering that spouse’s financial resources on dissolution of the marriage;
(2) the education and employment skills of the spouses, the time necessary to acquire sufficient education or training to enable the spouse seeking maintenance to earn sufficient income, and the availability and feasibility of that education or training;
(3) the duration of the marriage;
(4) the age, employment history, earning ability, and physical and emotional condition of the spouse seeking maintenance;
(5) the effect on each spouse’s ability to provide for that spouse’s minimum reasonable needs while providing periodic child support payments or maintenance, if applicable;
(6) acts by either spouse resulting in excessive or abnormal expenditures or destruction, concealment, or fraudulent disposition of community property, joint tenancy, or other property held in common;
(7) the contribution by one spouse to the education, training, or increased earning power of the other spouse;
(8) the property brought to the marriage by either spouse;
(9) the contribution of a spouse as homemaker
(10) marital misconduct, including adultery and cruel treatment, by either spouse during the marriage; and
(11) any history or pattern of family violence.
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What Amount can the Court Award?
(1) $5,000; or
(2) 20 percent of the spouse’s average monthly gross income.
When do Spousal Support Payments Terminate?
(1) the court’s order is fulfilled,
(2) the spouse receiving payment dies or remarries.
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If you have questions about Spousal Support or Alimony, call The Rudisel Law Firm, P.C. We can help you get what you deserve. We are your Houston Spousal Support Attorneys.