Texas is not an “alimony state”, instead providing for the more limited spousal maintenance under the Texas Family Code. While parties can contractually agree to alimony, absent this agreement, the Court can only order what the law allows. With laws designed to prevent a long term pay out to former spouses, but still allowing for support of up to $5,000 per month, it is imperative that you consult with attorney who can tell you what you are eligible to receive and what you might have to pay.
A spouse is entitled to request spousal maintenance in only a few situations:
- Where the parties have been married for at least ten-years and the requesting spouse lacks resources to meet their minimal reasonable needs; or
- Where the spouse requested to pay support was convicted of or received deferred adjudication for family violence, committed during the marriage against the other spouse or the other spouse’s child and the offense occurred (i) within two years before the date on which a suit for dissolution of the marriage is filed; or (ii) while the suit is pending; or
- where a spouse is unable to meet their minimal reasonable needs because of their own disability; or
- where a spouse is unable to make enough money to provide for their minimal reasonable needs because they are caring for a child of the marriage who requires substantial care or supervision because of a disability.
Each of the above situations are, as with all things family-law related, fact-intensive requiring expert knowledge of the law as it relates to your case. Contact the lawyers at Hanshaw Kennedy Hafen to see if you are eligible for spousal maintenance or if you may be subject to paying it.
TALK TO OUR ATTORNEYS TODAY: Sarah M. Rose and Hannah Stroud look forward to answering your questions about spousal maintenance. Call 972-731-6500 to schedule a consult.