Spousal Maintenance in Texas

In Texas, spousal maintenance, commonly referred to as alimony, requires one spouse to provide financial support to the other after a divorce. This support helps the receiving spouse maintain a standard of living similar to what they experienced during the marriage. The determination of spousal maintenance in Texas is based on several factors, including the duration of the marriage, the financial resources of each spouse, and their ability to support themselves independently. Texas law carefully considers these criteria to ensure a fair and equitable outcome for both parties.

Spousal Maintenance: A Brief Overview

In Texas divorces, financial issues usually take the spotlight. The main concern for many involves financial distribution: determining who receives what and how to limit the other party’s share. While some couples aim for an equal division, the emotional nature of divorce often makes such practicality rare.

In this context, the role of an experienced family law attorney is crucial. They do more than offer legal expertise; they provide balanced, reasoned advice when emotions might cloud judgment and strain the ability to cooperate with a spouse.

Interestingly, most Texas divorces don’t end up in court. The driving force behind this trend is the collaboration between attorneys and clients, who set aside animosities to settle cases based on individual facts and circumstances.

One particularly contentious issue is spousal maintenance. Post-divorce, the thought of either paying your ex or depending on them for financial support can be daunting. However, under Texas law, you should actively consider spousal maintenance before initiating a divorce.

Today, let’s delve into a recent divorce case from the Houston area that reached one of our state appellate courts. You can find the case, Willis v. Willis, online using the citation No. 14-15-00913-CV.

It dealt with the award of spousal maintenance based on a spouse’s ability to present evidence that showed what their minimum basic needs were.

Spousal Maintenance: Background on the Willis Family

In 1995, the parties to this case married and together had three children, two of whom are special needs children. The mother, dealing with medical issues requiring advanced care, also receives supplemental income from the Social Security Administration.

The mother initiated a divorce, leading the case to trial. During the preparation phase, the mother and father were separated, with the children residing with the mother. Eventually, both parents testified in court, and following the trial, the court issued a Final Decree of Divorce.

The father took issue with the trial results and appealed the judge’s verdict. The father argued that the court made an error in how it divided the community estate in ordering the father to pay the mother $972 in spousal maintenance each month, and finally that because the mother only asked for a lump sum money judgment against the father or the spousal maintenance, she should not be able to collect both.

Since this blog is about spousal maintenance, let’s leave behind the property division question and focus on the court’s analysis of the spousal maintenance award.

Spousal Maintenance on Appeal- How did the Court of Appeals rule?

The Court of Appeals examined the father’s claim that the trial court erred in awarding spousal maintenance to the mother. He argued that she failed to prove an inability to meet her basic needs with the property division from the divorce.

In Texas, courts award spousal maintenance under specific conditions, such as a marriage lasting over ten years and the recipient’s inability to support themselves through employment or property received in the divorce.

The mother testified that, partly due to living rent-free at her mother’s house and having monthly expenses of around $1,500, she could meet her and her children’s basic needs. Her income, including child support and social security, totaled about $2,500, and she also received a supplement of $60,000 from the marital estate, payable at $1,000 per month.

Despite financial tightness, the Court of Appeals sided with the father, concluding that the mother could meet her basic needs without spousal maintenance, leading to the reversal of the initial maintenance award.

What can you take away from this case?

This relatively recent case from the Fourteenth Court of Appeals in Houston sets a standard you can likely expect in your southeast Texas divorce case.

To secure spousal maintenance in Texas, as this mother discovered, you need substantial evidence. If you aim for spousal maintenance, working with your attorney early to demonstrate your monthly expenses and explain why you can’t meet these needs independently is crucial.

In conclusion, spousal maintenance in Texas serves as an important tool to ensure financial fairness after a divorce, particularly for the spouse who may struggle to support themselves. By considering factors like marriage duration, financial resources, and the ability to maintain independence, Texas law aims to provide a balanced resolution. Understanding how spousal maintenance in Texas works can help both parties navigate the divorce process with greater clarity and confidence, ensuring that each spouse’s needs and financial circumstances are fairly addressed.

Questions about spousal maintenance? Contact the Law Office of Bryan Fagan, PLLC

If you have any questions about spousal maintenance, please do not hesitate to contact the Law Office of Bryan Fagan, PLLC. You can schedule a free-of-charge consultation with one of our licensed family law attorneys six days a week, where your questions can be answered. We actively represent clients throughout southeast Texas and would be honored to discuss representing you and your family in the same way.

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Other Articles you may be interested in:

1. What impact did the legislative changes of 2021 have on spousal maintenance in Texas?
2. Spousal Maintenance in a Texas Divorce: Court-Ordered Maintenance
3. Assessing Spousal Maintenance Guidelines in Texas
4. 3 Important Facts about Texas Alimony and Spousal Support
5. Alimony or Spousal Support and a Disabled Spouse in Harris and Montgomery Counties in Texas
6. Spousal Support, Spousal Maintenance, and Alimony in Spring and Houston, Texas, and when is it available?
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11. Can I Sue My Spouse for Mental Abuse in My Texas Divorce?
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Law Office of Bryan Fagan, PLLC | Houston, Texas Divorce Lawyers

The Law Office of Bryan Fagan, PLLC, routinely handles matters that affect children and families. If you have questions regarding Divorce, it’s essential to speak with one of our Houston, TX Child Divorce Lawyers right away to protect your rights.

Our Divorce lawyers in Spring, TX, are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact the Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form.