Post-Divorce Alimony in Texas

Post-Divorce Alimony in Texas

by: Scott Morgan

This article provides a brief overview on Texas law concerning post-divorce alimony in Texas. Laws differ from state to state and individual circumstances vary, so you should consult with a qualified family law attorney in your area for specific advice on your particular situation. Additionally, this article deals only with post-divorce alimony. It does not address temporary alimony, which is provided for under a different provision of the Texas Family Code.

Two Kinds of Alimony: Contractual and Court Ordered Maintenance

There are two kinds of post-divorce alimony in Texas: contractual alimony and court ordered maintenance. The Texas Family Code also provides authority for the court to order temporary alimony which occurs while a divorce is pending. However, temporary alimony is outside the scope of this article and will not be addressed.

Contractual Alimony

Contractual alimony is based on an agreement between the parties in their divorce decree. For tax purposes, contractual alimony is normally deemed income to the receiving party and is deductible from the income of the paying party. Since contractual alimony must be based on an agreement of the parties, there are no limits to the possible amount or duration of the alimony.

Court Ordered Maintenance

Court ordered maintenance is provided for by Texas Family Code Chapter Eight. Although actually awarded in only a small percentage of Texas divorces, the court has the right to order one spouse to pay the other post-divorce maintenance in either of two circumstances:

The payor spouse either received deferred adjudication or was convicted of a crime constituting family violence within two years of the filing of the divorce case, or
The parties have been married at least ten years and the receiving spouse has some kind of financial limitation (disability, unable to work because caring for the party's child, or lacks earning ability to meet minimum reasonable needs).

The monthly amount of court ordered maintenance is capped at the lesser of: a) $2,500 or b) 20% of the monthly payor's gross income.

The maximum duration of court ordered maintenance is three years. The only exception is when maintenance is ordered as the result of a disability, in which case the duration can potentially extend indefinitely.

Considerations

Where there is a large disparity in incomes alimony can sometimes be used as a useful settlement tool. Since alimony is generally taxable to the receiving party and deductible to the paying party it can be often structured so that it is advantageous to both parties.

For example, a party in a high tax bracket can agree to make monthly alimony payments in exchange for a more favorable property division. If the receiving party is in a lower tax bracket, the overall income tax paid could be significantly lower than what it would be otherwise.

Another factor to consider is how rarely Texas trial courts order maintenance, absent an agreement. The statute allows for maintenance only when the specific statutory circumstances have been proven. There are several appellate cases that have reversed trial court decisions ordering maintenance when the requesting party did not provide sufficient proof that the standard had been met.

In cases where there is a large amount of community property, one of the most effective arguments in attempting to defeat a maintenance claim is that the requesting party will have ample resources to provide for the party's needs since he or she will receive a significant amount of assets from the division of property.

Another common argument used to defeat a maintenance claim is that, during the pendency of the divorce, the requesting party has not made significant attempts to either obtain employment or obtain training that would allow the party to obtain employment.

As an example, lets take a divorce case where the wife is requesting maintenance on the grounds that the marriage is longer than ten years and that she lacks the earning ability to meet her minimum reasonable needs.

If, at the time of trial after the case has been pending for several months, she has made no effort to obtain employment or improve her job skills, it will be a difficult claim to succeed upon. The court is unlikely to find that she is "unable" to meet her reasonable minimum needs and more likely to believe that she is unwilling to take the necessary steps in order to provide for her own support.

Conclusion

Alimony in Texas, while rarely ordered, is an important and complicated issue. It can be used as an effective settlement tool and can potentially be a significant trial issue. For someone involved in a Texas divorce case with a potential alimony issue, the issue should be discussed in detail with an experienced divorce lawyer.

About The Author

Scott Morgan is a Texas attorney who practices exclusively in the field of divorce and family law in the Houston area. For more information on Texas divorce law, see Mr. Morgan's website at http://www.texas-divorce-info.com. It provides articles, information, a free newsletter, and other resources on the subject of Texas divorce and family law. While much of the website is dedicated to Texas divorce, it also provides a great deal of helpful general divorce information as well.

"Marriage Problem; Is Your Marriage Problem Severe Enough To Warrant Getting A Divorce?"
Having a marriage problem can be agonizing especially if you're trying
to do all you can to make your
marriage work. Depending on how your
marriage was prior to thinking that
you had a marriage problem, you could
be in for a hurtful time .....

How to Decide Whether to Keep Your Marriage or Other Relationship Going or to End It
In their top-selling book "Should You Stay or Should You Go?"
Relationship Coaches Susie and Otto Collins offer expert advice
to help you decide how to know WHEN or IF it's time to break up,
leave your relationship or get a divorce.

A Brick Wall
Direct Answers - Column for the week of August 18, 2003 Two years ago I divorced, and there is still a lot of hostility. My former husband has been served with contempt papers for not paying child .......

Alone for the Holidays?
Being alone is a challenge for many people. This challenge may loom especially large during the holidays if you are single or newly divorced and without family around you. Holidays are a time to shar.......

"Uncontested Divorce; How Thinking About An Uncontested Divorce Figures Into Your Decision About
An uncontested divorce is the most common type of divorce. An uncontested divorce is a divorce that occurs when there are no disagreements between spouses over divorce related issues like custody, finances, living arrangements, spousal support, child sup....

Seven Sets of Documents You Need For Your Divorce
This article is designed to give someone who is considering or planning for the possibility of divorce an idea of what documents are needed. Even if you believe your case is ultimately agreed to and.......

What Divorce Parenting Practices is Best Appropriate for School-Age Children?
It is being said that how bad or how well children go through the divorce depends on how the situation is handled. And believe me when I tell you that there is an appropriate divorce parenting pract.......

How to Reorganize Your Divorce Life for Happiness?
Do your dreams, hopes and ambitions shattered by your own divorce? Do you feel completely worn out of your desire to go on with your life? Do you feel you have no more purpose or inspiration for lif.......

How to Stop Divorce Parental Conflict from Bursting?
It is not the divorce but the conflict arising after divorce the culprit of most psychological-adjustment problems the children are having. So, how to stop the post-divorce parental conflict from bur.......

Does Living In A Loveless Marriage Necessarily Mean That You Should Get A Divorce?
Being in a loveless marriage is a frustrating predicament, but it may not necessarily mean that a divorce is eminent. Solving the quandary of a loveless marriage requires self-reflection to assess th.......

The Truth About Lawyers
During the matter of my divorce (that's lawyer talk - it's always the matter of this and the matter of that), I spent about $30,000 on three different attorneys in an extremely frustrating effort just to be able to see my own children. As each one faile......

Relationships: Too Easy To Leave
Katheryn and Mathew, both in their 50’s, have been together for two years. Both have been previously married and divorced. When they met, they fell madly in love, which lasted for a few months. Then .......

The Secret To Success In Courtship And Marriage, Sex And Happiness. (Part 1)

In a high-divorce society, not only are more unhappy marriages likely to end in divorce, but in addition, more marriages are likely to become unhappy. -- COUNCIL ON FAMILIES IN AMERICA.
....

3 Major Divorce Parenting Mistakes And Learn How To Avoid Them
What 3 major divorce parenting mistakes that surely lead to unhappy, unhealthy and unsuccessful children? Parents know these for your children seek. 1. Failure To Act According To Child's Best Inter.......

A Divorce Glossary
Divorce lawyers and law firms can provide a great deal of divorce information and divorce advice; but sometimes, all that legal jargon can be confusing to say the least, not to mention intimidating. .......

Media Underload! The Stress Reducing Psych-Diet
The war, taxes, the economy, increased health problems, crime on the rise, overwhelming divorce rate, corruption in corporate America, and, oh yes, Janet at the Super Bowl! Where does it end? With so.......

Houston Divorce Lawyer Answers Common Questions About Mediation
If you are reading this, then you are probably either thinking of filing for divorce -- or have a feeling that your spouse may be filing for divorce -- whether you want to separate or not. One of the.......

Children's Discipline: How To Resolve Divorce Parenting Differences?
Did you know that inconsistency on matters of discipline gives double messages, produces anxiety and can be very confusing to your children? Children need to know where they stand in their behaviors.......

What Divorce Parenting Practices is Best Appropriate for Preschoolers?
How do you spare your preschoolers for the negative effects of divorce? How do you promote your preschooler's healthy growth and development? The answer is appropriate divorce parenting practices. T.......

How to Prevent a Custody Battle After Divorce.
I recently marked the six-year anniversary of my custody battle. I have learned vital lessons that I want to share with all parents.
Divorce yourself emotionally from your former spouse.

Mind your own business. Their life is no longer married....

Do You Really Want a Relationship?
With a divorce rate in this country that approaches 50%, and a fairly sizable percentage of marriages that aren’t particularly blissful, it’s difficult to avoid searching for the answer to the battle of the sexes.

Would you like to stop searching?....

Dating a Divorced Guy
Has this happened to you?

SCENARIO NUMBER 1

Linda was visiting friends in Seattle and they fixed her up with Robert for a date. He suggested they have lunch and then he wanted to show her the tourist district. Of course it was one shop afte....

Controlling Behavior, Loving Behavior
When Zack and Tiffany started counseling with me, they were on the verge of divorce after 16 years of marriage. Neither really wanted to end the marriage, yet both were miserable. Both of them believ.......

Your Glass Is Half Full!
When most people are confronted with
a change in their lives that they didn't
want, such as death or divorce, negative
feelings start setting in. These people
start looking at everything in their lives
with a "glass half empty" attitude........

Divorced Parent: Do You Alienate Your Child from the Other Parent?
I have seen some divorce parents consciously distance their children from the other parent? Such actions may only be justified when there is a genuine concern about the children's emotional or physical safety when with the other parent. But in the absenc.....

Infidelity...Who Cares?
Why should I care if your life is a disaster because your spouse practice infidelity?

So What!

People plaster personal problems all over the net as if to do so a divorce attorney or marriage counselor is going to volunteer free services.

Following Through
Direct Answers - Column for the week of March 24, 2003 My final divorce papers sit in front of me waiting for my signature. In fact, they've been sitting on my desk for five days now. It took me tw.......

Parental Hostility: What Will This Bring To Your Children's Life?
One of the most important factors influencing kids' adjustments to their parents' separation or divorce is the level of parental hostility. How bad or how well children go through the divorce depends on how the situation is handled.

To give you c......

"Does Your Sexless Marriage Have You Thinking About Divorce?"
If you are in a sexless marriage and are unhappy because of it, don't worry, it isn't unrecoverable but it is serious cause for concern. You may even be thinking that you need a divorce because of yo.......

TURN PERSONAL STRUGGLES INTO BOOKS FOR CHILDREN
TURN PERSONAL STRUGGLES INTO BOOKS FOR CHILDREN

by Laura Backes, Publisher, Children's Book Insider, the
Newsletter for Children's Writers

Suppose you've just gone through a divorce and lost custody of
your kids. Or a loved one has .......

Divorce Lawyer in Houston
The practice of Family Law requires a firm that is familiar with both the complexities of family law and the family courts in which your family law issue will be addressed. Even the best family lawye.......

"Women and Divorce: How Women Should Protect Themselves Financially Regarding Divorce"
Women who believe a divorce is a possibility or who think that their husband will be asking about getting a divorce at some point should put their emotions aside and plan "just in case" their intuition is correct that a divorce may be coming in the nea......

Wedding Loans: Perfect Finance Option for a Perfect Wedding
After seeing each other for years and being tagged as ‘in love’ since eternity, you desire to bring this to a logical end. You are wrong if you think I am suggesting a divorce even before you are actually married. The end to every love is wedding -the wed....

Healing the Midlife Love Crisis
All I wanted was to fall in love and live happily ever after. The End.

Except it wasn’t that simple. At forty-something, I was hardly “on the shelf”, but I was the veteran of two divorces. That gave rise to plenty of self doubt. It gave rise to ano....

Divorce online service. Why should we lose money and time applying for divorce?
It is usually easier to marry than to divorce, especially if the spouses who wish to do so must divide their common property as well.

Divorce is extremely difficult business in rich families. For wealthy Americans in this case, it is accepted that....

Divorce Articles: How To Get The Most From A Divorce Article
There are many types of divorce articles available on the Internet by a variety of authors. What's below will help you get the most out of the divorce articles here on this site and anywhere else. Th.......

Second Time Around the Block
Divorce happens. I'm not going to debate the causes or the moral and ethical implications of that here. Even if you're the innocent one who stuck to your vows and got dumped anyway, you still have .......

How to Sell Your House by Lease Options
Many people buy a house then have to move within a few years, due to divorce, relocation or financial difficulties. Without any equity though, it can be nearly impossible to find buyers and you still.......

Midlife Dating: Filling Your Social Calendar
If you find yourself suddenly solo at midlife wondering how to keep a balanced social life and meet other singles, you aren’t alone.

Sometimes friends and country clubs are divided up in the divorce along with the possessions, or you may find your....

What 10 Things Divorced Parent Should Do To Promote Positive Child Adjustment?
The effects of recent enlargement in divorce rates are negative effects. Divorced children are more probably to get pregnant as teenagers, drop out of high school, abuse drugs and have aggressively e.......

Hire Divorce Lawyer or Use Online Divorce Forms?
Hire Divorce Lawyer or Use Online Divorce Forms?

When do you need to hire a family law attorney and when is it okay to just use an online divorce form website to save a little money? This article will provide a few pointers to help you decid....

Divorce--When "Forever" Is Just Too Long

Are you unhappy with your spouse and your marriage? Are you seriously thinking about divorce? No matter how you deal with it, divorce is a messy process. When two people, who have taken a vow to stay together forever, decide that forever is much too....

Couple Relationship
Statistics about divorce rates in the United States vary widely from one third up to fifty percent. Still, even considering the lower estimations, that would still be every third couple getting divor.......

Hire Divorce Lawyer or Use Online Divorce Forms?
When do you need to hire a family law attorney and when is it okay to just use an online divorce form website to save a little money? This article will provide a few pointers to help you decide whet.......

Take Off the Rose-Colored Glasses When Dating
Robin was giving me an anatomy of her divorce. “There were signs,” she said. “Plenty of them. I just ignored them.”

“The counselor told me to ignore how he treated other people,” said Manuela, “and concentrate on how he treated me. But one day I be....

Selecting a Divorce Attorney
Selecting a divorce attorney is a critical decision making process. The person who you hire will be responsible for obtaining or maintaining your custody rights to your children, your property inter.......

Divorce and Uncle Sam: Top 10 Things You Should Know When Filing Your Taxes
If you’ve recently divorced or separated from your spouse, here are a few things you should know for the upcoming tax season:

1.What is my filing status? (Married, Single, Head of Household)
Marital standing at year end determines your filing st....

"Sexless Marriage : Does Your Sexless Marriage Have You Thinking About Divorce?"
If you are in a sexless marriage and are unhappy because of it, don't worry, it isn't unrecoverable but it is serious cause for concern. You may even be thinking that you need a divorce because of your sexless marriage, that's only natural. But, in ord.......

Divorce: Coping With The Family Law Process
The Emotions Divorce is a scary, lonely and misunderstood process for most people, particularly when there are children involved. The mutual friends enjoyed during the marriage may not be of help bec.......