Dallas Spousal Maintenance Attorneys

Spousal maintenance can help a party maintain financial stability throughout and after a divorce. Whether you find yourself as a prospective payor or recipient in a spousal maintenance case, our Dallas spousal maintenance lawyers will work with you to pursue an equitable resolution.

Schedule a consultation with our Dallas spousal maintenance lawyers! Contact our office online or via phone at (214) 758-8681 today!

Understanding Spousal Maintenance in Texas

To obtain spousal maintenance in Texas, one of the following circumstances must be applicable to the case:

• The recipient cannot financially support themselves due to an incapacitating mental or physical condition;
• The recipient cannot financially support themselves and the marriage lasted for ten or more years;
• The prospective payor was convicted of family violence against their spouse or children while the divorce was pending or within two years of filing; or
• The recipient is the custodial parent of a child who requires additional assistance due to special needs such as a medical condition.

Most spousal support cases fall under the first two categories, in which the recipient requests maintenance because they cannot feasibly provide for their own basic needs post-divorce.

If a couple is married for more than ten years but less than 20, spousal maintenance cannot last longer than five years. That number increases to seven years if the spouses were married for at least 20 but less than 30 years, and up to ten years if they were married for 30 years or more.

Texas has more restrictive spousal maintenance laws than many other states. Spousal maintenance payments are calculated on a case-by-case basis but cannot amount to more than $5,000 per month or 20% of the payor's gross monthly income, whichever is less. Additionally, a judge must order the shortest possible duration of spousal maintenance unless a special condition (such as a recipient being incapacitated) makes that unfeasible.

Key Considerations in Texas Spousal Maintenance Decisions

Courts consider a wide range of factors during spousal maintenance cases, including:

• The age and health of each party;
• The duration of the marriage;
• Each party's current financial status and property;
• The employability and professional training of each spouse;
• How long it may take a currently unemployed spouse to reenter the job market or obtain the necessary training to do so;
• Whether either party is already engaged in a child support order;
• Whether either party destroyed property during the property division process;
• Whether either party paid for or contributed to the other's education during the marriage;
• The roles each party played during the marriage;
• Whether either party was at fault for the divorce;
• Whether family violence plays a role in the divorce;
• How a potential maintenance arrangement would impact the payor; and
• Any other factors the court considers relevant to the case.

Frequently Asked Questions about Spousal Maintenance in Texas

What is the purpose of spousal maintenance? Spousal maintenance is designed to provide financial support to a lower-earning or non-working spouse during and after divorce proceedings. It helps ensure that the recipient can maintain a reasonable standard of living while they adjust to their new financial situation, particularly if they have been out of the workforce for an extended period.

How is spousal maintenance determined in Texas? In Texas, spousal maintenance is determined based on several key factors, including:

• Duration of the marriage: Longer marriages may justify longer maintenance periods.
• Financial resources: The court examines both spouses' financial situations to assess need and ability to pay.
• Employment prospects: Consideration is given to the recipient’s employability and how long it may take to gain employment or training.
• Health and age: The physical and mental health of both parties can impact maintenance decisions.
• Contributions to the marriage: This includes direct contributions (like income) and indirect contributions (like homemaking or supporting the other spouse's career).

Can spousal maintenance be modified? Yes, spousal maintenance can be modified under certain circumstances. If the payor experiences a significant change in income, such as job loss, or if the recipient’s financial situation improves significantly (like obtaining a well-paying job), either party can request a modification. It's important to file the request through the court to ensure it is legally recognized.

Is spousal maintenance taxable? As of tax changes implemented in 2018, spousal maintenance payments are not taxable for the recipient nor deductible for the payor. This means the recipient receives the full amount without tax liabilities, and the payor cannot reduce their taxable income by the amount paid.

What happens if the payor fails to make payments? If the payor does not comply with the court-ordered payments, the recipient has several legal options:

• Contempt of court: The recipient can file for contempt, which may result in penalties for the payor.
• Wage garnishment: The court can order automatic deductions from the payor’s wages to ensure compliance.
• Enforcement actions: This may include seizing assets or placing liens on property to recover owed payments.

At DebnamRust, P.C., our Dallas spousal maintenance attorneys will work with you to identify and pursue an equitable outcome in your spousal support case.

Schedule a consultation with our Dallas spousal maintenance lawyers! Contact us online or via phone at (214) 758-8681!