(210) 953-7486San Antonio Alimony Maintenance Lawyer
One of the aspects that should be settled as part of a divorce is whether you or your spouse will be receiving alimony. In Texas, alimony is referred to as spousal maintenance. Learn how spousal maintenance works in Texas and why working with a San Antonio Texas spousal support attorney may be in your best interests.
San Antonio spousal support attorneys have extensive experience handling alimony matters, including complex disputes and negotiations.
Introduction to Family Law in San Antonio
Family law in San Antonio covers a broad spectrum of legal matters, from divorce and child custody to child support and spousal maintenance. When a marriage ends, one of the most significant concerns is how financial support will be managed moving forward. Spousal support, also known as spousal maintenance or alimony, plays a crucial role in ensuring that one spouse is not left at a financial disadvantage after a divorce.
Texas law is designed to protect the financial interests of both parties, aiming for a fair outcome that considers the needs of each spouse and any children involved. Whether you are seeking spousal maintenance or facing a request for support, understanding the nuances of family law in San Antonio is essential for safeguarding your financial future and making informed decisions during this challenging time.
What Is Spousal Maintenance in Texas?
Spousal maintenance are payments made by one spouse to cover the basic needs of the other spouse during and after a divorce. Texas courts may award alimony based on the specific circumstances of each case, considering whether one party requires support due to an inability to meet their minimum reasonable needs.
San Antonio spousal maintenance payments are ordered by a court when the spouse seeking support can prove that they do not have enough income or have a limited earning capacity to cover their essential living expenses such as food and housing because they were relying completely on the income generated by their spouse.
A spouse seeking maintenance must demonstrate that their income or assets are insufficient to meet their minimum reasonable needs.
Courts in Texas tend to approach spousal support requests carefully, as not everyone who files a request for spousal maintenance will receive it. Many factors are evaluated, including the spouse’s earning capacity, spouse’s education, and the goal of achieving financial independence for the spouse seeking support. The court’s intent is to provide support to one party who cannot meet their reasonable needs after divorce.
Temporary support may be granted during divorce proceedings to help the spouse seeking maintenance until a final arrangement is determined. Does alimony cover only permanent support? No—alimony may include temporary, rehabilitative, or permanent support, with the type, duration, and amount influenced by the specific circumstances of the marriage and divorce.
There are also set limits to how much one may receive as spousal maintenance every month, and the amount of each payment cannot be changed unless the spouse making the payments initiates a spousal maintenance modification request.
What Is the Difference Between Spousal Maintenance and Spousal Support in Texas?
Alimony, spousal maintenance, and spousal support are sometimes used as interchangeable terms, but there are key differences. Spousal maintenance is what in other states is called alimony, i.e., support payments established through court orders that one spouse makes to the other spouse after the divorce is finalized, with the goal of providing the income the other spouse needs to cover their basic necessities.
Spousal maintenance payments cannot be changed or canceled without a court order, and these are often referred to as spousal maintenance orders.
On the other hand, spousal support (sometimes called contractual alimony) is not ordered by the court. Instead, it is part of an agreement between you and your ex-spouse. When your divorce papers are being finalized, you and your ex may agree on the specifics of spousal support payments voluntarily, and from that point on, it becomes a contractual obligation rather than an order enforceable by the court.
A divorce settlement may include provisions for spousal support or maintenance, outlining the terms agreed upon by both parties. Additionally, a prenuptial agreement can influence the terms of spousal support or maintenance in a divorce.
It is up to both parties to agree on the amount and duration of spousal support payments. It can be understood as additional money that one spouse agrees to pay the other spouse regardless of how marital property is divided after a divorce, and is usually temporary and meant to help the recipient financially after the divorce until they can generate their own income.
Types of Support Payments in Texas
During divorce proceedings in Texas, courts may award different types of support payments based on the unique circumstances of each case.
Temporary alimony is often granted to provide financial assistance to one spouse while the divorce is ongoing, helping to cover immediate living expenses until a final settlement is reached.
Rehabilitative alimony is intended to support a spouse as they work towards becoming self supporting, often by funding education or job training that will improve their employment prospects. In cases involving long term marriages, permanent alimony may be considered, especially if the recipient spouse is unable to earn sufficient income due to age, physical or mental disability, or other factors that limit their earning capacity.
The type and duration of alimony awarded depend on various factors, including the length of the marriage, the recipient spouse’s ability to become self supporting, and the specific needs arising from mental or physical disability or limited job skills. Texas courts carefully evaluate these elements to ensure that support payments are fair and appropriate for both parties.
How Does One Qualify to Receive Spousal Maintenance?
Not everyone qualifies to receive spousal maintenance. For example, if a spouse wishes to receive spousal maintenance simply to maintain their current standard of living, there is a strong probability that the request will not be granted by the court.
This is because Texas laws governing the division of marital property require the courts to divide marital assets in a fair and equitable manner, and thus it is understood that receiving a fair portion of marital assets should be enough to provide both parties with the financial means they need to cover their basic necessities post divorce.
However, there are a few circumstances in which the court may order spousal maintenance payments. If a spouse has been recently convicted of domestic violence against the other spouse or the couple’s children, or has received deferred adjudication for a family violence offense within two years before the divorce, then the court may accept a spousal maintenance request.
Deferred adjudication for family violence is a specific circumstance that can influence spousal maintenance eligibility. The same may apply to a spouse who is disabled or the primary caretaker of a disabled child.
Additionally, marital misconduct may be considered by the court when determining eligibility for spousal maintenance. Finally, if a spouse seeking maintenance can prove that they do not have the earning ability to generate their own income due to a lack of education, training, or professional skills, they may also be granted spousal maintenance payments.
How Long Can a Person Receive Spousal Maintenance Payments After the Divorce?
There are general guidelines for how long someone may continue to receive payments under spousal maintenance orders post divorce. The length of payments usually depends on how many years the marriage lasted.
For example, if the couple was married for at least ten years but less than 20 years, the recipient may receive payments for up to five years after the divorce, as determined by the court.
Maintenance payments for marriages that lasted between 20 and 30 years may continue for up to seven years. If the marriage lasted for more than 30 years, payments could be limited to 10 years.
A few exceptions may apply to this rule. In some cases in which the spouse requesting the payments is disabled or cares for a disabled child, the court may decide that maintenance payments should continue for as long as necessary. Spousal maintenance payments end when either spouse passes away or when the party receiving payments gets married to someone else.
It is important to mention that in some cases, Texas courts may order temporary spousal maintenance payments while a divorce is pending. This may happen if one spouse earns considerably less income than the other, and payments typically only last long enough to enable the recipient to seek another source of income. The length of temporary spousal maintenance payments is entirely at the court’s discretion.
What Should I Do If My Ex Is Not Making Spousal Maintenance Payments?
Spousal maintenance payments are enforceable, and the payor is expected to follow the terms of the court order regarding the amount and frequency of payments. The court may request that the employer of the spouse providing the payments begin withholding the payment amount from that person’s paycheck.
If your ex is not complying with the spousal maintenance order, your first step should be to speak to a San Antonio alimony maintenance lawyer to learn your options. Your attorney may advise you to ask the court to enforce the order by filing a Motion to Enforce, a money judgment, or even a request to withhold spousal maintenance payments from your ex’s paycheck if that is not being done yet.
In addition, the court has the legal power to hold a party in contempt for failing to comply with court-ordered spousal maintenance payments. If your ex-spouse is held in contempt of court, they could potentially face fines and even harsher consequences, including jail time.
Tax Implications and Consequences of Alimony in Texas
Understanding the tax implications of alimony payments is essential for both the paying spouse and the recipient spouse in Texas. Under current tax laws, alimony payments are not tax-deductible for the paying spouse, nor are they considered taxable income for the recipient spouse.
This distinction can have a significant impact on your overall financial planning and tax obligations following a divorce. Because the tax treatment of alimony can be complex and subject to change, it is important to consult with a tax professional or an experienced family law attorney to ensure compliance with all applicable regulations.
Failing to properly account for the tax consequences of alimony payments can result in unexpected penalties or fines, so proactive planning is key to protecting your financial interests.
What Are The Requirements For Alimony?
Regardless of what side you fall on in a divorce, the subject of alimony (called spousal maintenance in Texas) is likely one you’re concerned about. In Texas, alimony is determined through an extensive set of guidelines that ensure a fair settlement for both parties. These guidelines may be able to give you an idea of what alimony could look like in your case.
Alimony is not always awarded in a Texas divorce case, and compared to most states, is harder to acquire via court order due to stringent requirements. In order to receive alimony payments, the party requesting it must demonstrate that they have a need to receive income from their spouse.
If their income is found to be generally sufficient enough to reasonably support themselves then alimony payments will not be considered. Otherwise, the requesting party must also demonstrate one of the following:
- They are unable to support themselves due to a disability, physical or mental;
- A child of the marriage has a physical or mental disability that prevents them from earning sufficient income to support themselves and the child;
- The marriage has lasted for at least ten years, and the requesting party does not have the ability to earn sufficient income to support themselves, or
- Their partner was convicted of domestic violence within two years of filing for divorce.
The requesting spouse holds the burden of proving both their need for alimony and the condition that satisfies at least one of these requirements.
How Is The Amount Of Spousal Maintenance Orders Determined?
Texas also places guidelines on the amount of alimony that is allowed to be awarded via court order. The maximum that a spouse will be awarded is either $5,000 or twenty percent of the paying spouse’s average monthly income, whichever is lower. There is also a maximum length of alimony, which is determined by the length of the marriage.
In marriages of under ten years, alimony is usually not awarded except in cases of domestic family violence. In these cases, and for marriages that lasted between ten and twenty years, the duration is limited to a maximum of five years.
If the marriage lasted between twenty and thirty years, the maximum duration is seven years, and for any marriage longer than thirty years, the maximum is ten years of alimony.
After these guidelines are considered, the court will determine how much spousal maintenance to award by evaluating factors such as each spouse’s income, the recipient’s needs, and the payer’s ability to pay. The largest considerations are the current ability of each spouse to provide for their own needs, their employment history or ability to earn income, and child care.
Modifying an Existing Alimony Payments Order
Life circumstances can change significantly after a divorce, and Texas law allows for the modification of an existing alimony order when justified by a substantial change in circumstances. If a spouse seeking modification experiences events such as job loss, a decline in health, or the recipient spouse remarries, the court may consider revising the original alimony order.
The process requires the spouse seeking the change to provide evidence that the new circumstances impact their ability to pay or the recipient spouse’s need for support. Courts will review various factors, including the current financial situation of both parties, the earning capacity of the spouse requesting modification, and the ongoing needs of the recipient spouse.
Navigating a modification request can be complex, so it is advisable to work with a knowledgeable family law attorney who can help protect your financial interests and guide you through the legal process.