Temporary Alimony

The Court can order one spouse to pay the other “temporary alimony” for support during the pendency of the litigation. This is commonly referred to as “Spousal Support” or “Temporary Spousal Maintenance”. Spousal Support is usually awarded to one party due to some extraordinary financial need.

Contractual Alimony

Contractual alimony is based on an agreement between the parties in their divorce decree. For tax purposes, contractual alimony is normally deemed income to the receiving party and is deductible from the income of the paying party. Since contractual alimony must be based on an agreement of the parties, there are no limits to the possible amount or duration of the alimony. Court Ordered Maintenance Court ordered maintenance is provided for by Texas Family Code Chapter Eight. Although actually awarded in only a small percentage of Texas divorces, the court has the right to order one spouse to pay the other post-divorce maintenance in either of two circumstances:

1. The payor spouse either received deferred adjudication or was convicted of a crime constituting family violence within two years of the filing of the divorce case, or
2. The parties have been married at least ten years and the receiving spouse has some kind of financial limitation (disability, unable to work because caring for the party’s child, or lacks earning ability to meet minimum reasonable needs).

The monthly amount of court ordered maintenance is capped at the lesser of:

1. $2,500 or
2. 20% of the monthly payor’s gross income.

The maximum duration of court ordered maintenance is three years. The only exception is when maintenance is ordered as the result of a disability, in which case the duration can potentially extend indefinitely.

Spousal Maintenance (Alimony)

“Alimony” in Texas is legally termed “spousal support” or “spousal maintenance.” The concept of spousal maintenance or support is that a husband or wife may be entitled to temporary, rehabilitative, or permanent spousal support. Until 1995, Texas alimony had not been available. It is still a difficult part of divorce law and only awarded in limited circumstances.

For spouses who have dedicated their married years to being a stay at home parent or home caretaker, a divorce can be difficult, especially if they have been out of the work force or cannot receive the same salary as their previous lifestyle provided.

Also, if a child of the marriage has a disability preventing a spouse from being employed due to the constant care required, losing the income from the other spouse could be traumatic on that parent.

A judge can order spousal maintenance only in limited circumstances. The spouse seeking the alimony bears the burden to show that he or she does not have sufficient resources to meet reasonable minimal needs.

Another element adding to the qualifications of a spouse to receive court-ordered spousal maintenance is if family violence has occurred within two years prior to the petition for divorce being filed.

But even if a judge orders alimony, there are still limitations to the amount a person can receive and for how long it can be received.