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Texas courts consider several key factors when determining spousal maintenance (also commonly referred to as spousal support or alimony). These include the length of the marriage, with a focus on relationships that last over ten years, and whether the requesting spouse can meet their minimum reasonable needs.
The court also examines if the dependent spouse has a job or the ability to become self-supporting, whether they are raising a child with significant disabilities, or if there has been a family violence conviction within the past two years.
The goal of spousal support in Texas is to provide financial stability to the spouse who cannot meet their financial needs after the divorce concludes. This often arises when there is a significant disparity in earning power, financial stability, or educational background between the spouses.
Spousal maintenance ensures that the less financially secure spouse is not left stranded after the divorce. It also aligns with the principles of justice and fairness, complementing the equitable division of property.
Rachael Aminu of Aminu Law Firm, PLLC in Texas is a skilled family law attorney with extensive experience guiding clients through spousal maintenance cases. Her deep understanding of the Texas Family Code and her compassionate approach have helped countless clients achieve fair outcomes tailored to their unique circumstances. Whether navigating temporary support or exploring long-term alimony options, Rachael has a proven track record of finding creative solutions, including alternative arrangements like lump-sum payments.
If you need personalized guidance on alimony matters, contact Rachael Aminu today to secure your financial future.
Get your questions answered - Request a phone consultation now! Call (832) 937-4039
The key difference between temporary spousal maintenance and long-term spousal maintenance lies in their purpose and duration. Temporary spousal maintenance is awarded while the divorce is pending, ensuring the financially dependent spouse has the means to cover basic needs during the legal process. This often comes into play in cases involving lengthy divorces or significant financial disparity, such as a stay-at-home parent relying on the other spouse for support.
Long-term spousal support, on the other hand, is awarded as part of the final divorce orders. Its duration and terms depend on factors like the length of the marriage, financial independence, or ongoing needs, such as caring for a child with a disability. Temporary spousal maintenance is interim relief, whereas long-term spousal support addresses post-divorce financial stability.
The duration of spousal maintenance in Texas is primarily determined by the length of the marriage, as outlined in Texas Family Code Section 8.052. For marriages:
These timeframes are guidelines and can vary based on the specific circumstances of your case. Spousal maintenance orders may be modified if there is a significant change in circumstances for either you or the other party.
In Texas, spousal support generally ends if the recipient remarries or cohabitates with someone. Cohabitation is defined as an intimate partner staying overnight or living in a continuing relationship that resembles a marriage.
If spousal maintenance is deducted by withholding funds from your wages, the paying party must request a court order to terminate the withholding, even if cohabitation or remarriage occurs. Otherwise, maintenance payments will continue until officially stopped. This rule ensures that financial support is only provided when the recipient genuinely requires it and is not receiving significant financial assistance from a new partner.
Rachael Aminu of Aminu Law Firm, PLLC in Texas is a skilled family law attorney with extensive experience guiding clients through spousal maintenance cases. Her deep understanding of the Texas Family Code and her compassionate approach have helped countless clients achieve fair outcomes tailored to their unique circumstances. Whether navigating temporary support or exploring long-term alimony options, Rachael has a proven track record of finding creative solutions, including alternative arrangements like lump-sum payments.
If you need personalized guidance on alimony matters, contact Rachael Aminu today to secure your financial future.
Get your questions answered - Request a phone consultation now! Call (832) 937-4039
If you believe your maintenance award is unfair, you have two primary options:
Request A Modification
You can return to court and ask the judge to modify the maintenance terms. A modification may be granted if there has been a significant change in circumstances, such as a change in income, employment status, or financial needs.
File An Appeal
If you feel the original decision was incorrect or unjust, you can appeal the judgment to a higher court. Appeals are more complex and typically focus on errors in the application of the law rather than disagreements over the facts of the case.
Alternatives to traditional spousal support can be strategically beneficial depending on the case. Common alternatives include:
Seeking A Larger Share Of Community Assets
Instead of receiving monthly spousal maintenance, you may negotiate for a greater percentage of community assets, such as marital property or savings. As an example, securing a larger share of a marital home can provide immediate financial value, as the property can be sold for a lump-sum payout.
Leveraging Retirement Accounts
Opting for a share of retirement accounts, such as a Roth IRA, can be an option worth considering, too. Unlike 401(k) accounts, Roth IRAs do not have early withdrawal penalties, though tax advice is necessary when considering these options.
One-Time Lump-Sum Payment
In some cases, a one-time payment instead of ongoing spousal maintenance might be better for you, offering financial stability without depending on monthly payments.
These strategies are especially useful in Texas, where spousal maintenance awards are less generous than in states like California. Judges in Texas often require strong evidence to justify ongoing spousal support, making alternative asset-focused solutions a practical approach.
For more information on How Is Alimony Determined In Texas Divorces, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (832) 937-4039 today.
Rachael Aminu of Aminu Law Firm, PLLC in Texas is a skilled family law attorney with extensive experience guiding clients through spousal maintenance cases. Her deep understanding of the Texas Family Code and her compassionate approach have helped countless clients achieve fair outcomes tailored to their unique circumstances. Whether navigating temporary support or exploring long-term alimony options, Rachael has a proven track record of finding creative solutions, including alternative arrangements like lump-sum payments.
If you need personalized guidance on alimony matters, contact Rachael Aminu today to secure your financial future.
Get your questions answered - Request a phone consultation now! Call (832) 937-4039
