Will Spousal Maintenance Be an Issue in Your Divorce?
Texas was the last state in the union to provide for the payment of spousal maintenance (alimony) following divorce. Even when spousal maintenance is provided, it is very limited compared to many other states.
I'm Jesse White, a family law attorney in San Antonio, Texas. If you are concerned about alimony, I offer a free initial consultation to explain how those payments are determined.
There are two types of alimony in Texas: interim spousal support and spousal maintenance.
Interim Spousal Support
Interim spousal support is paid while your divorce is in process, whether you were married one week or 20 years. Spousal support is based on the duty that each spouse has to support the other to meet basic needs, regardless of how long they are married. In Texas, judges will require the spouse making more money to assist the other.
There is no formula for determining spousal support. The amount is based on your needs, such as mortgage payments, car payments and insurance.
Spousal Maintenance
The other type of alimony in Texas is post-divorce spousal maintenance. You have a right to spousal maintenance if you have been married at least ten years and you can show that you don't make enough money to support yourself.
You may also have a right to post-divorce spousal maintenance if you or your child was a victim of abuse by your spouse and your spouse was convicted or received deferred adjudication for a criminal offense that is considered "family violence."
In Texas, spousal maintenance is capped at $2,500 per month or 20% of your spouse's gross monthly income (whichever is less), and is limited to three years. However, courts can order your spouse to pay maintenance for a longer period if you are unable to support yourself because: (1) you suffer from an incapacitating physical or mental disability; or (2) you are the custodian of a minor or adult child of the marriage who requires special care due to a physical or mental disability.
A Lawyer-Client Relationship Based on Trust
To discuss your concerns about alimony with an experienced San Antonio family law attorney, call 866-207-6772 today or fill out the contact form on this Web site. Your initial consultation is free.
