Securing Fair Spousal Support: Professional Legal Advice Can Make a Difference
Navigating the complexities of spousal support can be challenging during a divorce or legal separation. A Houston, Texas spousal support lawyer plays a crucial role in helping individuals understand their rights and obligations.
Spousal support involves financial assistance from one spouse to the other after a separation. The amount and duration of support can vary based on numerous factors, including the length of the marriage, financial needs, and the standard of living established during the marriage.
It is essential to approach spousal support with a thorough understanding of legal guidelines and personal circumstances. Seeking professional legal guidance ensures that one’s interests are adequately represented and protected throughout the process.
Quick Summary
Below is an overview of the key points of this article.
- Spousal support may be granted during a divorce to help one spouse while the divorce is ongoing, but it stops once the divorce is finalized. According to Texas Family Code Section 8.051, a spouse must meet certain conditions, such as having been married for at least 10 years or having a disability, to qualify for support
- When determining spousal maintenance in Houston, the court considers various factors outlined in Section 8.052 of the Texas Family Code. These factors include each spouse’s financial situation, education, job skills, the length of the marriage, and their physical and emotional health. Spousal maintenance payments are capped at $5,000 per month or 20% of the supporting spouse’s income, whichever is lower, excluding certain types of income.
- Spousal support in Texas is not automatically required. The judge will determine if support is granted based on whether the requesting spouse meets certain guidelines. The duration of spousal support depends on factors like the length of the marriage and the recipient’s needs, including responsibilities for children.
- Spousal maintenance can be tax-deductible for the payer and taxable for the recipient if certain conditions are met, such as payments being made in cash and outlined in a divorce agreement. After spousal support is granted, either spouse can request changes if their situation changes, such as job loss or a new partner living with the recipient. Any modifications must be approved by the court.
- Spousal maintenance in Houston ends when the support period expires, if either spouse dies, if the recipient remarries, or if they start living with a new romantic partner. In a common law marriage or a marriage later found invalid due to an unresolved prior marriage, spousal maintenance can still be granted.
What is Spousal Support?
In Texas, married couples are expected to support each other while they are married. During a divorce, Texas courts might order temporary spousal support to help one spouse while the divorce is still happening. These payments are only temporary and will stop once the divorce is finalized.
For support after the divorce, a separate court order is needed. There are specific rules for requesting support after the divorce is over.
Who is Entitled to a Houston Spousal Support?
The answer depends on how long the marriage lasted, the financial situation of both parties and if there is a prenuptial or postnuptial agreement promising support payments. Texas Family Code Section 8.051 outlines who can get spousal maintenance.
It states that the spouse asking for alimony must not have enough money or property to cover their basic needs and must also meet one of the following conditions:
- The spouse was married for at least 10 years.
- The spouse cannot earn enough money to cover their basic needs.
- The spouse asking for support has a disability that stops them from working enough to support themselves.
- The spouse asking for support has a child from the marriage who needs a lot of care because of a disability. (Note: The child’s disability makes it hard for the spouse with custody to earn enough money to meet their basic needs.)
Spousal support may also be given if a spouse has been convicted of or placed on deferred adjudication for family violence within two years before filing for divorce or during the divorce process.
What Factors Does the Houston Court Consider in Determining Spousal Maintenance?
Section 8.052 of the Texas Family Code lists factors that the court must consider when deciding how much spousal maintenance to award, how long it should last, and what type it should be. Here are the factors:
- Each spouse’s ability to meet their own basic needs and their financial situation at the time of divorce.
- The education and job skills of both spouses, including how long it would take for the spouse seeking support to get the education and training needed to earn enough money, and how hard it would be to get this training.
- How long the marriage lasted.
- The age, work history, earning potential, and physical and emotional health of the spouse asking for support.
- How hard it is for each spouse to pay for child support and cover their own basic needs.
- Actions by either spouse that led to excessive spending, hiding assets, fraud, or other losses related to property.
- How one spouse helped the other with education or training, or how this affected earning potential.
- Property each spouse brought into the marriage.
- The contribution of the spouse who stayed at home.
- Any wrongdoing related to the marriage.
- Any history of domestic violence.
Are There Limits on the Amount of Spousal Maintenance in Texas?
Unlike many other states, Texas law limits how much spousal maintenance judges can award. Monthly payments cannot be more than $5,000 or 20% of the supporting spouse’s average monthly gross income, whichever amount is smaller. Monthly gross income includes money from all sources except:
- Social Security retirement benefits
- Supplemental Security Income (SSI) benefits
- Workers’ compensation and disability benefits, including those related to military service
- Benefits from federal public assistance programs, like Temporary Assistance for Needy Families (TANF)
- Payments for a child’s foster care
- Return of principal or capital and money owed from accounts receivable
Is Spousal Support Mandatory in Texas?
No, spousal support is not required in Texas. When a spouse asks for spousal support during a divorce, the judge will check if the situation meets Texas legal requirements to qualify for it. Whether spousal support is granted depends on whether the requesting spouse meets specific guidelines.
In Texas, spousal support, also called “spousal maintenance,” involves a two-step process to decide if, when, and for how long payments might be needed.
How Long Will I Receive Spousal Support in Houston, Texas?
Texas law has clear rules about how long spousal support can last. The length of time depends on several factors, such as how long the marriage lasted, the needs of the person getting support, responsibilities for children, and other factors. Sometimes, spousal support lasts as long as the reasons for it remain.
For example, if support was given due to a disability, it might continue as long as the disability lasts. If there are children, especially infants, the judge may base the duration of spousal support on the child’s needs. Without other factors, the general rules for how long spousal support lasts in Texas are:
- If the marriage lasted less than ten years and the paying spouse was convicted of family violence or abuse, spousal support can last up to five years.
- If the marriage lasted more than 10 years but less than 20, spousal support can last up to five years.
- If the marriage lasted at least 20 years but less than 30, spousal support can last up to seven years.
- If the marriage lasted 30 years or more, spousal support can last up to 10 years.
Life after divorce can be very tough, especially because marriage often mixes up finances. You might have given up your job to manage the home, which makes you rely on your spouse’s income. To get the best possible outcome for your situation, it’s important to talk to a Houston, Texas spousal support lawyer.
Is Houston Spousal Maintenance Taxed?
It’s important to remember that, if set up correctly, alimony payments should be included as income for the person receiving them and can be deducted from the income of the person paying. This often encourages high earners to agree to pay alimony voluntarily, known as contractual alimony.
Payments made during the case or for temporary support and child support are not tax-deductible. This can make paying contractual or court-ordered alimony more appealing because it offers long-term tax benefits. For alimony payments to be tax-deductible for the payer and taxable for the recipient, they must meet certain requirements:
- Payments must be made in cash.
- The person receiving the payments must be a spouse or former spouse of the person paying.
- Payments must be made according to a divorce or separation agreement.
- Payments must stop if the person receiving them dies.
- Payments cannot be for child support in any form.
- The divorce decree must state that the payments are included in the gross income of the recipient and can be deducted by the payer, as per 26 USC Section 215.
- The payor and payee must not live together when alimony payments are made.
- A joint tax return cannot be filed by the payer or payee, even if they are considered married under state law.
Are Spousal Maintenance Terms Modifiable?
After spousal support is granted, it can be changed, reduced, or stopped based on certain conditions. Either spouse can request changes to spousal support. For example, if the paying spouse loses their job or becomes disabled, they might ask the court to lower the payment amount due to their new financial situation.
If the receiving spouse starts living with a new partner, the paying spouse might ask to stop the support payments. Spousal support will also end if the receiving spouse gets remarried. Changes to spousal support do not happen automatically unless the original agreement says so.
A court must officially approve any changes. Until the court makes a formal order, the paying spouse must keep making the payments as required or face legal consequences.
When Does the Houston Spousal Maintenance End?
Spousal maintenance ends under several conditions. Payments stop when the period for which support was awarded comes to an end. Maintenance also stops if either spouse dies or if the spouse receiving support gets remarried. Additionally, if the spouse receiving support starts living with a new partner in a romantic relationship, payments will end.
These rules ensure that spousal support only lasts as long as needed based on the circumstances. If any of these situations occur, it’s important to update the court and follow the legal steps to stop the payments.
Does a Spousal Maintenance Possible in a Texas Common Law Marriage?
Spousal maintenance can be granted even if a marriage is considered “common law” or if it is later found that the marriage was invalid due to an unresolved prior marriage. If a spouse entered the marriage believing it was valid, and it turns out it was not due to an existing issue, that spouse is called a “putative spouse” in family law.
If the putative spouse did not know about the problem that made the marriage invalid, they can still be awarded alimony. This is true even if the marriage is declared void. The key factor is whether the spouse was unaware of the problem that affected the marriage’s validity.
Why Do I Need a Houston, Texas Spousal Support Lawyer?
When dealing with spousal support, having a Houston, Texas spousal support lawyer can make a big difference in your case. This lawyer is not just a legal advisor but a key ally who can help navigate the complexities of spousal support issues. Here’s why having one is important:
- Understanding Your Rights. Spousal support laws can be tricky. A spousal support lawyer in Houston helps you understand what you’re entitled to and what you might owe. They make sure you know your rights.
- Negotiating Fairly. Settling spousal support can be tough. A Houston spousal support lawyer negotiates on your behalf, ensuring you get a fair deal based on your situation and needs.
- Handling Paperwork. There is a lot of paperwork involved in spousal support cases. A Houston, Texas spousal support lawyer manages all the documents, making sure everything is completed correctly and on time.
- Avoiding Mistakes. Mistakes in legal proceedings can cost you. A Texas spousal maintenance attorney helps avoid errors that could negatively impact your case or finances.
- Representing You in Court. If the case goes to court, having a spousal maintenance lawyer who knows the system can be crucial. They represent you effectively and advocate for your interests.
Get the Spousal Support You Need With Trusted Legal Service
In spousal support matters, having a trusted Houston, Texas spousal support lawyer can significantly impact the outcome of your case. Renee Kennedy Attorney at Law stands out for her extensive experience in family law, particularly in spousal support cases in Houston, Texas.
Her deep understanding of the legal landscape ensures that clients receive knowledgeable and reliable representation. With a proven track record of securing favorable results, Renee Kennedy offers clients the confidence that their interests are effectively advocated for.
Choosing Renee Kennedy means opting for a dedicated and professional approach to handling spousal support issues. The law firm’s commitment to providing thorough and attentive service is backed by a clear, signed contract that outlines the representation terms.
For trustworthy legal support that strives to achieve the best possible outcome, Renee Kennedy Attorney at Law is the choice that delivers both legal competence and results. Her law office can also assist you with personal injury cases.
