|
While Texas does not have true "alimony"
as it is known in other states, the Texas alimony laws do allow two forms of
spousal support. First, temporary spousal support is frequently ordered to help maintain the parties’ community estate
and basic living needs while the divorce is pending. The second form of
spousal support can be ordered at the time the divorce is granted, but for a
limited period of time. Under the Texas statutory scheme, there is no
entitlement to spousal support, but a trial court has discretion to award
spousal maintenance when the party seeking maintenance meets specific
eligibility requirements. Spousal
maintenance after divorce is less frequently awarded. We can advise you whether spousal maintenance
might be
applicable to your particular case.
The Texas spousal support laws
limit the circumstances where the judge can order spousal support without the
consent or agreement of the parties. Spousal support can be ordered when
there has been spousal abuse resulting in a criminal conviction. In addition, when the parties
have been married for at least ten years, a party is eligible to seek spousal
maintenance if he or she lacks sufficient property and income to meet minimum
reasonable needs and the party cannot support himself or herself due to: (1) an
incapacitating physical or mental disability, (2) a child in the home with a
disability requiring substantial care and supervision, or (3) the lack of
adequate earning ability. The spousal maintenance laws do not discriminate
according to the gender of the parties.
Absent the agreement of the parties, a court order for
spousal support may normally last for no more than three years after the
divorce is entered. There is also a presumption that support cannot be ordered unless the spouse seeking payment has been diligent in seeking
suitable employment or is developing skills necessary to become self-supporting.
However, these limitations may not apply in cases where a spouse is unable to
seek employment due to an incapacitating physical or mental disability.
Furthermore, when spousal support is ordered by the court, a party may
request a modification of the amount of support if there
is a change in circumstances for either party after the divorce.
Although the Texas alimony laws
are very
limited, the parties to a divorce may agree to contractual alimony even if they
do not meet the statutory requirements for court ordered maintenance. They
can also agree to continue the post-divorce payments for an extended
period beyond three years. This is normally arranged to give the paying party
some tax advantages while providing a stream of income for the receiving
party. As experienced divorce and alimony lawyers, we can explain the
advantages and disadvantages of this option, to help you make informed decisions
when negotiating your case.
Whether court-ordered or contractual, Texas post-divorce
spousal support may be treated as "alimony" by the Internal Revenue Service,
giving the paying party a reduction in income tax liability and
requiring the receiving party to include the payments as taxable income. An experienced family law attorney will carefully draft the divorce
paperwork to clarify the parties’ tax reporting responsibilities for cases where
alimony or spousal maintenance are involved.
|
