Spousal Maintenance In Texas
Alimony or spousal maintenance as it is called in Texas is a straightforward concept where one spouse makes a post-marriage payment to the other spouse. It is not part of dividing marital property or child support and can be a lump sum, for a limited period of time or ongoing. Typically, it is used for living expenses, but it can also provide funds for specific needs such as training or education so the recipient can re-enter the workforce.
Attorneys Barbara Young and Lynn Libersky have extensive experience in this area of family law that can be useful whether you are a business executive in Temple or a stay at home mom in Killeen. While we cannot change the facts regarding your divorce, our attorneys can be extremely helpful devising a strategy for getting what you feel is reasonable settlement.
Factors The Courts Consider
The courts do not have to award alimony in a divorce settlement, and rarely do so for marriages lasting less than 10 years. There are, however, a number of factors that an experienced lawyer can point out to tip the scale in your favor. These include:
- Income, education or earning capacity of each party
- Tax consequences to each party
- Length of marriage
- Age of spouse
- Other unique factors
The Different Types Of Spousal Maintenance
The courts or the two parties will often agree upon of the following:
- Permanent alimony: This is the traditional concept of ongoing alimony payments.
- Temporary alimony: This is alimony paid during the period when the terms of the divorce are worked out.
- Rehabilitative alimony: This is of limited duration and amount with the idea of helping a spouse gain the education or vocation to support themselves.
- Contractual maintenance: This can be useful for providing tax benefits to the paying party. There are no limitations to the amount or time period. This is completely structured by the parties.
- Court ordered spousal maintenance: There is a cap to this that is $5,000 a month or 20 percent of the paying spouse’s gross income.