Trying to make sense of the financial stuff that comes with a divorce? Spousal support vs alimony can be confusing, especially in Texas where they mean different things. This article will break down the differences and walk you through the spousal maintenance in Texas. By the end you’ll know how these impact your divorce and what expert advice you need to make informed decisions for your future.
Given during divorce proceedings
Covers immediate financial needs
Rare in Texas
Usually for disability or long marriages
Maximum Monthly Payment:
$5,000
or 20% of paying spouse’s monthly gross income
Alimony vs Spousal Support: Definitions and History
In Texas, they don’t use the term ‘alimony’ anymore. Instead, we use ‘spousal maintenance.’ This is a kind of financial support paid from one former spouse to the other after a divorce. People use ‘alimony’ and ‘spousal support’ interchangeably, but ‘alimony’ is a broader term. In Texas, the specific legal term is ‘spousal support’ or ‘spousal maintenance.’
Alimony
Spousal Support
Spousal Maintenance
History of Alimony and Spousal Support
Old System: Alimony was part of a patriarchal system. It was based on gender stereotypes. The idea was the wife relied on the husband for financial support after divorce.
Modern Changes: The system has changed. Now, “spousal maintenance” is gender-neutral. It considers income differences and what each person contributed during the marriage.
Spousal Support Laws
To get a better understanding of these terms, we need to look at the spousal support laws that created them. These laws ensure financial support after a divorce is fair and considers both parties’ needs and contributions.
Spousal Support vs Alimony
“Alimony” and “spousal support” have historical ties but mean different things depending on where you live. Here’s the short version:
Tax Implications: These payments are taxed differently. Get a tax pro to explain how taxes will affect you.
Alimony payments can vary greatly based on financial factors and legal guidelines. In Texas, the terms have evolved over time:
Historical Context: Alimony used to mean a husband’s obligation to support his wife after divorce based on old gender roles. Now we use “spousal maintenance” to be fair and neutral. This means either spouse can get support, regardless of gender.
Support Criteria: Texas courts consider these factors to decide who gets spousal support:
Duration of the marriage
Financial resources of both spouses
Each spouse’s ability to earn
These factors ensure support is fair and considers the couple’s history and individual needs.
If you’re getting a divorce in Texas, this is important to know. A family law attorney can explain how these terms apply to you and help you make smart decisions for your future.
Types of Spousal Support in Texas
In Texas, spousal support, also known as spousal maintenance, comes in two forms. Here’s the simple version:
Temporary Spousal Support
Purpose: Short-term financial help.
When: Given during divorce proceedings to pay spousal support until the final divorce decree. This is sometimes referred to as temporary alimony.
Why: To cover financial needs until the divorce is final.
Permanent Spousal Support
Rare: Less common than temporary support. Sometimes called permanent alimony.
Conditions: Awarded in specific cases such as:
When a dependent spouse can’t earn money due to a disability, they may get spousal support.
After a long marriage.
Knowing these types will help you understand what to expect during the divorce process. Get a spousal support attorney to explain more.
Besides court-ordered spousal maintenance, Texas couples can agree on “contractual alimony”. This is a private agreement between the spouses, often with the help of attorneys, outlining spousal support terms outside of court. It can include:
Amount of spousal support
Length of payments
Payment schedule
Whether support will be paid in a lump sum or periodically
This gives more flexibility and control for both parties, but get an attorney to make sure the agreement is legal and enforceable.
Who Gets Spousal Support in Texas?
Texas law has guidelines for who can get financial support in the form of spousal support. A key factor is whether a spouse can meet their ‘minimum reasonable needs’. This means the basic necessities of life: food, shelter, clothing, and healthcare. A spouse can ask for spousal maintenance if they:
Don’t have sufficient property to meet their minimum reasonable needs and
Meet certain conditions.
These conditions include:
Being a victim of family violence,
Having a physical or mental disability OR
Being the custodial parent of a disabled child from the marriage.
Victims of domestic violence get priority for support, especially if the abuser was in jail within two years before the support is granted.
How Courts Decide Spousal Support in Texas
Texas courts follow the rules in the Texas statutes for setting spousal maintenance amount and duration. They consider many factors such as duration of the marriage, earning potential, and financial contributions. Non-financial contributions and marital misconduct (adultery and abuse) are also considered.
Spousal Support Factors
Spousal support in Texas can be complicated, but it’s good to know how it works. Here are some key points to help you:
Income Difference: A big factor in deciding spousal support is the income difference between the ex-spouses. For example, if one spouse earned $100,000 a year and the other stayed home to raise children and had no income, the court would likely consider this difference when deciding spousal support. The court might order the higher-earning spouse to pay a percentage of their income to the lower-earning spouse to help them become self-sufficient.
Financial: Courts look at the financial situation of both spouses. They follow a legal process to decide who gets support. This includes eligibility and income review.
Support Limits: In Texas, spousal support payments have limits. The maximum is $5,000 a month. If the paying spouse makes more than $20,000 a month, payments can’t be more than 20% of their gross income. This prevents too much financial burden and encourages self-sufficiency for both spouses.
Other:
Each spouse’s age and health
Child support obligations
Child custody arrangements
Physical and mental well-being
Ability to be self-sufficient
By knowing this, you can better navigate the spousal support process in Texas.
Changing a Spousal Support Order
Sometimes big life changes happen after a divorce. Losing a job or getting a disability can make it hard to make spousal support payments, or the receiving spouse may need more support. In Texas, if your situation changes a lot, you may be able to modify your spousal support order. This is in the Texas statutes.
Here’s what you need to know:
Life Changes: If you lose your job, have a disability, or experience other significant changes to your financial circumstances, you may need to modify your support order. This could be considered a substantial change in circumstances.
Regular Check-Ups: It’s good to review your support agreement often. This ensures it still fits your financial situation and the other spouse’s needs.
Enforcing Spousal Support Agreements
Court-Ordered Support: Texas courts can enforce a court order for spousal maintenance.
Contractual Alimony: If you and your ex-spouse have a private agreement for alimony, it’s harder to enforce. If someone doesn’t follow the agreement, taking legal action is tricky.
You should talk to an attorney to understand these challenges and to make sure your agreement is strong and enforceable.
Spousal Support Attorney
Spousal maintenance in Texas can be complicated and time-consuming. Here’s how a spousal support attorney can help:
Guidance: A knowledgeable attorney knows the spousal maintenance process. They can walk you through the legal process and explain your rights.
Negotiation: They help negotiate fair terms in mediation. This ensures both you and your ex-spouse agree on what’s fair.
Court Appearance: If you have to go to court, your attorney will represent you. They will make sure your side is heard and your interests are protected.
Financial Readiness: Being financially ready after a divorce is important. There are resources available to help with your financial well-being. Check out the tools offered by Full Focus.
Spousal Support vs Alimony: FAQs
How long do most people pay alimony?
In Texas, spousal maintenance duration depends on the length of the marriage. For marriages under 10 years, support is limited to 5 years. Limits increase for longer marriages, with exceptions for family violence or disability. Support may continue until the recipient spouse remarries.
Do I have to support my ex-wife after divorce?
Your post-divorce support obligation in Texas depends on several things. This includes both spouses’ financial situations, income from salaries and wages, and the duration of the marriage.
Other reasons and circumstances specific to your marriage and divorce case will also be considered. The court will look at these when making a decision on ongoing support.
What qualifies me for spousal support in Texas?
Spousal support in Texas requires meeting certain criteria. You must show you don’t have sufficient property to meet minimum reasonable needs. Talk to a family law attorney to see how long alimony is ordered.
Jurisdictional rules apply where both parties reside. These rules govern the division and assignment of assets acquired during the marriage.
What’s the difference between alimony and spousal support?
In Texas, “alimony” is old legal terminology. “Spousal maintenance” or spousal support payments mean financial help in the divorce settlement.
This support is court-ordered. It addresses financial needs from the divorce. You may want to ask for alimony based on your spouse’s taxable income.
Is Spousal Support and Alimony Taxable?
In Texas, the tax treatment of spousal support (also known as spousal maintenance) depends on when the divorce was filed.
1. Divorces filed after December 31, 2018: Spousal support payments are not income to the receiving spouse and not deductible to the payer. This changed with the Tax Cuts and Jobs Act of 2017.
2. Divorces filed before January 1, 2019: Spousal support payments are income to the recipient and deductible to the payer. This is under the old tax rules.
Talk to a tax professional for specific advice, as individual situations may vary.
Spousal support vs alimony in Texas
Spousal support vs alimony in Texas is complex. “Alimony” is generally “spousal support”. It means one partner seeking legal separation or the legal termination of the marriage or partnership agreement.
This is a simplified explanation of spousal support vs alimony. Professional legal advice is necessary. A divorce lawyer can explain your options, advise on what to do, and represent you in court. Awarding spousal support means understanding financial and non-financial contributions during the marriage. Spousal support requires knowledge of Texas family law. Call a law office to get spousal or award spousal support today.
If you need help navigating spousal support or alimony in Texas, our experienced family law attorneys are here to assist. During a consultation, we can discuss your unique situation, answer your questions, and explain how we can help. Call Warren & Migliaccio, LLP, at (888) 584-9614 or contact us online to schedule your consultation today.
