Types of Spousal Support in Texas

 Posted on April 02, 2018 in Spousal Support

Although spousal support is usually described merely as alimony, there are actually three types of spousal support recognized under Texas law. Each type comes with its own set of conditions and requirements, which determines who is eligible to receive support and for how long they can continue receiving it. If you are going through a divorce and have concerns about your financial future, you should consider consulting with an experienced high asset divorce lawyer who can help you determine whether you qualify for spousal support.

Temporary Spousal Support

Temporary spousal support is usually granted by the court when one party is unable to financially support him or herself while the divorce is still pending. Temporary alimony payments can be made every month or in a lump-sum payment. Which type of payment, how much the recipient is eligible to collect, and for how long he or she can continue receiving payments depends on a number of factors, including each party’s ability to support him or herself, each spouse’s employment skills, and both party’s earning ability.

Contractual Alimony

Unlike temporary spousal support, contractual alimony is not court-ordered but is the result of an agreement between divorcing parties. In these situations, both parties lay out an agreement stating how much will be paid, how frequently payments will be made, and how long the recipient can collect payments. This option gives the parties more flexibility, while still ensuring that the lesser earning spouse will be able to meet household expenses and other bills until they get back on their feet.

Court-Ordered Maintenance

When couples are unable to come to an out-of-court agreement regarding spousal support, courts are often required to step in and order post-divorce spousal maintenance. However, under Texas law, court-ordered spousal support is not justified unless the party seeking assistance proves that he or she has either tried to earn an income, but has been unable to or attempted to acquire the skills necessary to provide for his or her own needs, but hasn’t succeeded. Even when this requirement has been met, the court will only order future support if the spouse does not possess sufficient separate assets to cover his or her needs and:

• The spouse or the child has suffered from family violence within the previous two years;
• The party requesting maintenance or a child of the marriage has a physical or mental disability; or
• The parties have been married for ten or more years.

Once spousal maintenance has been ordered, the party required to pay must do so until the recipient remarries, or the court terminates the agreement.

Get Legal Advice Today

If you need legal advice, our legal team is prepared to assist you immediately. Don’t hesitate to contact Powers Kerr & Rashidi, PLLC to schedule a consultation with a dedicated Cedar Park high asset divorce attorney.

Sources:

http://www.forthoodsentinel.com/news/expanded-texas-spousal-maintenance-law-increases-post-divorce-support/article_791676d4-0c29-5056-8467-cfc48250a11b.html

http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.8.htm