Texas was the LAST state to adopt a post-divorce spousal maintenance (sometimes referred to as alimony) statute.
Many believe it is because Texas is a community property state. Texas wants a win-win outcome. But what if there is no money or property to divide? What if one spouse stayed home and the other spouse was a high earner? Then, spousal maintenance may be a vital tool. Some refer to post-divorce financial support as alimony. However, the Texas Family Code, uses the term “maintenance”. The law provides for periodic payments from the future income of one spouse for the support of the other spouse.
What does Texas Law Provide?
The requirements for a spouse to receive “periodic payments” may be confusing. The requesting spouse “ONLY” seeks maintenance if that spouse will lack sufficient property to meet the spouse’s “minimum reasonable needs, AND —
Family Violence Occurred
(1) the spouse from whom these payments are requested has been convicted of family violence or received deferred adjudication within two years before the date of the initial filing of the divorce action or while the suit was pending.
A Disability Exists
OR (2) the spouse seeking the payments has a serious physical or mental disability that prevents that spouse from earning sufficient income; OR
10 Year Marriage and Incapable of Providing for Oneself
(3) the spouses have been married for 10 years or longer and one lacks the ability to earn income to meet that spouse’s minimum reasonable needs;
Disabled Child (Adult)
(4) the spouse is the custodian of a disabled child (or adult) who requires substantial care and supervision that prevents the spouse from earning sufficient income to provide for minimum reasonable needs.
Why C.E. Schmidt and Associates?
An experienced attorney sorts through the facts to help you decide if post-divorce spousal maintenance is in the cards. Those seeking a divorce need to know what is possible and what is impossible. While no attorney guarantees an outcome, an experienced attorney clears up the confusion. An understanding of what is reasonable and what is unreasonable provides peace of mind. We offer free consultations to assist you in making a better choice. Call today to schedule a free appointment!