Spousal Maintenance: Making it Fair
Court-ordered spousal maintenance is also referred to as spousal support or alimony. Courts may order temporary support in a pending divorce, but long term spousal maintenance is awarded only in situations where the marriage has lasted more than 10 years and the requesting spouse is unable to support himself of herself. However, it may be agreed upon by the parties during negotiations. This type of agreement is referred to as contractional alimony.
Factors Considered When Determining Whether Alimony Will Be Awarded
When determining whether post divorce spousal support will be ordered, the court considers a variety of factors. The first two tests, which are stated by the Family Code, have to do with the length of the marriage (10 years) and the ability of the party requesting alimony to support himself or herself.
Other factors that are looked at include:
- The needs of the spouse requesting support
- The ability of the other spouse to pay support
- The health and age of both parties
- The ability of both parties to work
- Each parties' responsibility for children
- The size of the marital and separate property estate of the parties
- Whether spousal abuse has occurred
None of these are solid rules, but they do play a factor in the court's decision.
How Alimony Payments are Calculated
Unlike child support, there are no clear guidelines for the calculation of spousal maintenance. When it is court ordered, there is a cap of 20% of gross income, not to exceed $2,500 per month.
Additionally, court-ordered alimony may not to exceed three years in duration, unless the spouse receiving support is unable to support themselves because of an incapacitating disability or is supporting a child with a mental or physical disability.
Learn More About Our Commitment to Providing Solutions
At the Dallas, Texas, law firm of Palmer & Manuel, our lawyers bring decades of experience to the cases we handle. If alimony is going to play a role in your case, our goal is to make certain it is handled fairly.
Call us at 214-242-6444 or contact us online.
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