Divorce Information

Post-Divorce Alimony in Texas


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:

1. 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

2. 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 their needs since the party 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 the case has been pending for several months and at the time of trial she has still 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 practicing Texas divorce attorney. For more information on texas divorce visit his website at http://www.texas-divorce-info.com. The website provides general information and resources on divorce, as well as specific information on Texas divorce law.


MORE RESOURCES:

Great campaigner whose bills formed bedrock of permissive society
Financial Times, UK - 3 hours ago
His lasting legacy remains liberal laws on homosexuality, divorce and social freedom, which form the bedrock of today's permissive society. ...
Leo Abse: MP who fought to reform homosexuality and divorce laws Times Online
He legalised gay sex, liberalised divorce and married a girl 50 ... Daily Mail
Leo Abse - tributes pour in WalesOnline
Telegraph.co.uk - International Herald Tribune
all 260 news articles


Attorneys Reviewed Status Of Gibbons Divorce Case
KTNV Las Vegas, NV - 4 hours ago
A conference was held so everyone could see what progress has been made in their divorce case. Gibbons filed for divorce from wife, Dawn, earlier this year. ...
Gibbons Divorce Case Hearing Today KXNT
all 2 news articles


East Hampton Man Writes Mens Guide To Divorce
Hartford Courant, United States - 9 hours ago
East Hampton - Divorce can be as painful for men as it is for women, but when East Hampton resident S. Perry Mallory searched for literature that would help ...


Canoe.ca

"World's Greatest Dad" Gets Prison Sentence
ShortNews.com, Germany - 3 hours ago
After pleading guilty to child sexual abuse and using the internet to attempt child sex abuse on August 7, Everett was also sued for divorce by his wife, ...
'World's Greatest Dad' gets 3-20 years in prison The Associated Press
'World's Greatest Dad' Sentenced to Prison WXYZ
all 145 news articles


BBC News

Man told to divorce 82 wives
News24, South Africa - 8 hours ago
Abuja - Nigeria's Islamic authority has told an 84-year-old man with 86 wives and 170 children that he must whittle his number of spouses down to four or ...
Islamic Authorities tells man to divorce 82 wives Divorce Diva
Nigerian threatened for having 86 wives The Punch
Nigerian faces death for 86 wives BBC News
all 10 news articles


The Age

Phil Collins' whopping divorce payout
Ottawa Citizen,  Canada - Aug 20, 2008
The pop star is in the middle of his latest pricey divorce, and this one just broke records as the most expensive celebrity divorce settlement in British ...
Phil Collins sets divorce pay-out record guardian.co.uk
Phil Collins sets divorce record The Gazette (Montreal)
Report: Phil Collins Breaks Divorce-Payout Record in Split From ... FOXNews
Divorce Diva - E! Online
all 241 news articles


PersonalFinance: Negotiating a divorce
Reuters - 16 hours ago
There are new specialists, however, including mediators, divorce financial planners and forensic accountants who can make the financial part of divorce ...


Life coaching: The court of last divorce
Jerusalem Post, Israel - 17 hours ago
By BEN GOLDFARB One more signature and the divorce would be final. They had tried everything to stay together. Marriage counselors, gurus, and even low fat ...


FREQUENT TRAVELER Honey, did you pack the divorce papers?
International Herald Tribune, France - 16 hours ago
... and mid-January - the periods just after a vacation - are peak times for couples to seek relationship counseling or initiate divorce proceedings. ...


Great divorce tips: First steps in a new life
The Olympian, WA - 10 hours ago
Here are some true stories of divorce from the book "You Can Keep the Damn China!' And 824 Other Great Tips on Dealing With Divorce" (Hundreds of Heads ...

Divorce - Google News

home | site map
© 2006