How Is the Amount of Alimony Determined in Texas?
Whether you’re considering filing for divorce or are already in the middle of one, you probably have a lot of questions about the potential financial ramifications of your separation. In light of recent economic trends and the ever-growing costs of living, many couples are justifiably concerned about the thought of severing their finances.
As the number of dual-income households has continued to grow over the last several decades, determinations about alimony – sometimes referred to as “spousal support” or “spousal maintenance” – have become less common but more complex. Nevertheless, understanding how alimony is determined in the State of Texas can help you better prepare for your potential financial obligations in the aftermath of your divorce or separation. Let’s take a closer look at the ins and outs of alimony in Texas divorce cases and explore how a top-tier divorce lawyer can help you secure a more favorable financial position post-divorce.
What is alimony?
Alimony is a type of financial support that is paid by one spouse to the other after a divorce. While alimony used to be a more standard fixture in divorce cases, societal shifts away from single-earner households have made them increasingly rare in modern divorce cases. Many people erroneously assume that alimony is decided like child support and is more or less inevitable in a divorce case. This, however, could not be further from the truth. In fact, alimony is only available under specific circumstances in Texas, and the bar is high when it comes to determinations about eligibility.
Who pays alimony?
For generations, alimony payments were viewed as a gendered obligation owed by men to their ex-wives after a divorce. In recent years, however, cultural shifts have necessitated a more gender-neutral approach to alimony determinations. Current research indicates that women are the primary or sole breadwinners in approximately 16% of U.S. households, which means it is not automatically fair to assume that a man should be on the hook for alimony payments post-divorce.
Furthermore, the Supreme Court ruled in 1979 that solely imposing alimony requirements on male ex-spouses was a violation of the Equal Protection Clause of the Fourteenth Amendment, and thus unconstitutional. In practice, this means that spouses of any gender could be expected to pay spousal support to their ex, as long as their spouse qualifies for the payments under state law.
Who is eligible to receive alimony in Texas?
To qualify for spousal maintenance, the requesting spouse must demonstrate that they meet certain criteria set forth by the state. The conditions under which alimony may be considered in a divorce case are as follows:
- One spouse was convicted (or received a deferred adjudication) of a family violence offense against the requesting spouse or their child within two years of the divorce filing
- The marriage lasted at least 10 years and the requesting spouse lacks sufficient property or income to provide for their reasonable needs
- The requesting spouse is disabled
- The requesting spouse is the primary caretaker for a disabled child whose care needs would preclude the spouse from earning substantial income outside of the home
In some cases, spouses will arrive at a mutual agreement with respect to alimony without relying on a court order. Even if the requesting spouse does not meet the criteria outlined by state law for court-ordered alimony payments, the other spouse may still offer to provide some amount of spousal support for an agreed-upon length of time in order to help ease the post-divorce transition. It is advisable to consult with legal representation prior to entering into any unofficial alimony agreement.
Factors used to determine alimony amounts
If the court finds that a spouse is eligible for spousal maintenance, it must then determine how much support is appropriate and for how long. Texas law stipulates that a number of factors should be considered when making these determinations, including:
(1) Each spouse’s ability to provide for their own minimum reasonable needs independently, considering that spouse’s financial resources.
(2) The education and employment skills of the spouses, as well as the time and feasibility of a spouse acquiring the education and skills needed to improve their employability.
(3) The duration of the marriage
(4) The age, employment history, earning ability, and physical/emotional condition of the spouse seeking maintenance
(5) The potential combined financial impact of a spouse having to pay both alimony and child support, if applicable
(6) Acts by either spouse resulting in excessive or abnormal expenditures or destruction, concealment, or fraudulent disposition of community property, joint tenancy, or other property held in common
(7) The contribution by one spouse to the education, training, or increased earning power of the other spouse
(8) The property brought to the marriage by either spouse
(9) The contribution of a spouse as a homemaker
(10) Marital misconduct, including adultery and cruel treatment, by either spouse during the marriage
(11) Any history or pattern of family violence
As you can see, alimony cases can be complex, and these determinations are based on a wider variety of factors. The judge will consider all of the information outlined above and use their own discretion to determine whether alimony is appropriate in a particular case, as well as how much support would make the most sense given the couple’s history.
Are there caps on alimony in Texas?
In addition to offering clear guidelines for alimony eligibility, Texas law also sets specific limits on spousal maintenance awards that apply in all cases. In the State of Texas, alimony obligors cannot be required to pay more than $5,000/month or 20% of their average monthly gross income, whichever is less. This cap helps prevent spouses from seeking overly burdensome amounts of alimony payments from their exes and helps to ensure the obliging spouse will not be required to pay more than they can reliably afford.
When do alimony payments end?
Generally speaking, alimony payments are intended to help a receiving spouse get back on their feet and provide for their needs in the wake of divorce and are not supposed to be a lifelong financial commitment for the obligor. While indefinite support may be granted in some cases involving disability or special needs caregiving, most alimony cases carry definite time limits depending on the circumstances under which a receiving spouse qualified for alimony in the first place.
Under Texas law, alimony payments typically last:
- Five years if the marriage lasted less than 10 years but involved family violence, or if the marriage lasted between 10 and 20 years.
- Seven years for marriages between 20 and 30 years.
- 10 years for marriages lasting 30 years or more.
Judges are encouraged to order support for the shortest time necessary for the receiving spouse to become financially independent, but some couples may come to other mutual agreements about the duration of their alimony arrangement, should they so choose. Some divorcing couples will stipulate specific alimony amounts and durations in their divorce settlement agreements without involving a judge in the determinations. This constitutes contractual alimony versus statutory alimony (over which a judge gets the final say). An experienced divorce lawyer can help you decide whether your alimony case would best be decided in court or via private contractual negotiations.
Can alimony payments be changed or terminated?
In Texas, spousal maintenance orders can be modified or terminated if there’s a substantial change in financial circumstances, such as a job loss or significant change in income. Additionally, alimony payments will typically cease when the receiving spouse remarries or begins cohabiting with a romantic partner.
Alimony obligations are also automatically terminated upon the death of either party, meaning a receiving spouse is not obligated to collect unpaid alimony from their ex-spouse’s estate or next-of-kin. It’s important to note, however, that receiving spouses are still entitled to any back payments of alimony that may have accrued prior to the termination of an agreement under any of the circumstances outlined above. This means that if an obligor stops paying alimony prior to the legal date of termination, they will still owe back payments to the receiving spouse until their debt is paid off – even if the alimony arrangement proper is no longer in place.
The role of San Antonio divorce lawyers in alimony cases
Whether you’re seeking support or being asked to pay it, working with an experienced divorce lawyer can help you better understand your rights and responsibilities under Texas law. At Grisham Divorce and Child Custody lawyers, we understand the complexities and nuances of navigating the divorce process in Texas.
Our San Antonio-based team can work with clients from all walks of life to help them determine whether alimony is appropriate in their divorce, how much spousal support is realistic in their case, and what other options might be available to help them improve their financial position post-separation.
We understand the emotional and financial stakes involved in divorce and will work tirelessly to preserve your rights and your peace of mind. Give us a call today or fill out our online contact form to schedule your case evaluation and take the next step toward advocating for the best possible outcome in your divorce.