Spousal Support & Alimony Lawyer in Houston, TX

Alimony – Spousal Maintenance and Support

Get the Spousal Support and Maintenance You Deserve

In a divorce, one party may request a monthly alimony payment, also known as spousal maintenance or spousal support. Alimony is usually made by one spouse to another after the finalization of a divorce.

There are two types of maintenance: chapter 8 alimony, or spousal maintenance, and contractual support. Chapter 8 alimony references the section of the Texas Family Code establishing eligibility and is usually court ordered. Contractual spousal support is based on the agreement of the spouses.

If you have questions about spousal maintenance and support options and eligibility in Texas, reach out to a knowledgeable Houston spousal maintenance lawyer at the Ramos Law Group. We specialize in family law matters, and our founder is a Texas board certified family law attorney.

What Are the Qualifications for Receiving Alimony?

In order to qualify for court ordered support, the spouse in need of alimony must meet the statutory requirements, including:

• That they are a spouse.
• That they lack the ability to provide for their own reasonable needs.
• They meet ONE of the four statutory requirements below:
  • The spouses have been married for at least 10 years, and the spouse seeking alimony does not have the ability to support themselves.
  • The other spouse was convicted of family violence within the two years prior to a suit being filed.
  • The spouse is unable to provide for themselves due to an incapacitating mental or physical disability.
  • The spouse is unable to provide for themselves because they are providing care for a disabled child of the marriage.

With spousal maintenance, the court can order support without either spouse’s consent or approval.

How Long Will One Spouse Be Ordered to Pay Spousal Support?

The length of your marriage typically determines alimony and support. It is limited to the shortest reasonable amount of time, but if the support is based on the disability of the spouse or of the child, then there is no time limit. Here are some guidelines for the length of spousal maintenance:

• Married between 10 and 20 years—Alimony for no more than 5 years.
• Married between 20 and 30 years—Alimony for no more than 7 years.
• Married 30 years or more—Alimony for no more than 10 years.

Be aware that spousal maintenance can end before the court-ordered termination in several situations. The four situations are:

• Either party passes away;
• The spouse receiving the support remarries;
• The supported spouse cohabitates with someone who they are involved in a romantic relationship with; or
• The court reviews and amends the existing order.

The court awards the shortest amount of time possible for spousal maintenance, so the spouse can become self-supporting as quickly as possible. The court may deviate from this under certain circumstances. For example, if the recipient spouse has a mental or physical disability, the court could determine that a short time period is not proper.

How Is Spousal Support Calculated?

Alimony is calculated by looking at the reasonable needs of the party seeking support. The party seeking support will have to prepare a Financial Information Statement listing their reasonable needs including monthly expenses. Often the education, business opportunities, abilities, and mortgage concerns of the spouse in need are relevant as well.

Support is capped at either $5000 per month, or 20% of a party’s average gross monthly income. There is no fixed calculation for spousal support, and the amount of support varies in every case.

Courts typically award spousal maintenance in periodic payments rather than one lump sum. The judge might even issue a withholding order. Withholding orders are sent to a person’s employer, directing them to deduct the spousal support payment directly from the check and then send that money to the appropriate court.

One spouse can request the court to amend the ordered support, provided there is a material change in circumstances since the first order was issued. However, until the court hears the request and makes a ruling, the original order stands.

The paying spouse can’t stop paying or change the amount of spousal maintenance without a court order. Otherwise, they could be subject to fines, liens, attorney’s fees, and possibly even jail time. If the recipient spouse is not receiving the support as ordered, they can file a formal request to ask the court to enforce the court order.

How Does Contractual Alimony Work?

Contractual alimony differs because this is an agreement between the spouses for support payments after the marriage is dissolved. Because the court doesn’t mandate this alimony, the payments can fall outside of the statutory limits. That means the monthly payments can be higher than you would receive from court-ordered spousal maintenance. And the duration can also exceed the limits set forth in the Texas Family Code.

Another major difference with contractual alimony is that it’s harder to enforce or modify. You cannot rely on traditional enforcement methods through the court since there was no court order to begin with. Instead, you will need to file a civil suit. However, the main benefit of contractual alimony is that the parties have more control over the terms of their agreement. A skilled Houston spousal maintenance lawyer can tell you whether contractual alimony is a better option for you.

Can I Ask for Spousal Support Before the Divorce Is Finalized?

Interim, or temporary support, is granted to one party while the case is pending and is not subject to the requirements listed above. Sometimes temporary spousal support will be in the form of one party being ordered to continue making payments on the residence or vehicle of the other party and sometimes they are in the form of monthly monetary payments. Speak with an attorney to discuss whether temporary support is an option in your case.

Seeking Expert Advice From an Attorney at the Ramos Law Group

If you need alimony advice, or you’re preparing for a divorce, reach out to the Ramos Law Group today for help from divorce lawyers with years of experience in family law. Contact us at our Houston office at 713-225-6200 to schedule an initial consultation. Let us answer all your questions regarding spousal maintenance and contractual alimony.