Alimony in Texas

Divorce Attorney Discusses Texas Family Law

Video Transcript:

Erin Leake:

The main goal is basically to get the spouse who is receiving the payment back on their feet again.

Rob Rosenthal:

Do you know what spousal maintenance is and if you may receive it or pay it in your divorce? Well, we’re going to find out today because that's what we're going to ask the lawyer on this episode.

Hi again, everybody, I'm Rob Rosenthal with askthelawyers.com and here to help us out is my guest attorney Erin Leake from the Vaught Law Firm in Austin. Erin, thank you for helping us out again.

Erin Leake:

Thanks.

Rob Rosenthal:

So let's start with the definition. I've been through a divorce, but I don't remember the term spousal maintenance. What is that? And how is it involved?

Erin Leake:

Yeah, so spousal maintenance is what it's called in the Texas family code. Most people think of it as spousal support or alimony. They're all the same thing.

Rob Rosenthal:

Gotcha. So in Texas divorce, when might spousal maintenance be awarded? What are the circumstances?

Erin Leake:

So it's set out in Chapter Eight of the Family Code. The first test is, does the spouse have sufficient property to meet their minimum reasonable needs, and then they have to have one other prong; whether it be family violence during the marriage, that they have been married to their spouse for 10 years or longer, or they have a physical or mental disability, or their child has a physical or mental disability that causes them to be unable to work.

Rob Rosenthal:

And how long would a typical spousal maintenance last?

Erin Leake:

So it's going to depend on the circumstances in your case. If you've been married for over 10 years, then it can last up to 5 years. If you've been married over 20, it's up to 7. And over 30, it can be up to 10 years.

Rob Rosenthal:

And how is the amount determined? Is it different in every case? Is it a set percentage?

Erin Leake:

That's actually statutory as well, and it is a maximum set amount. It's 20% of the person who's paying monthly net and monthly income, or $5,000 a month, whichever one is less. That is the maximum that the court can order. Typically, a court is not going to order that much. They're going to look at the spouse receiving the spousal support, what their minimum reasonable needs are, and their ability to pay towards those, what do they have that they can do it and then they're going to try and make up that difference.

Rob Rosenthal:

What is the goal of the maintenance then? Is it just to provide support for the other spouse or are there other goals involved?

Erin Leake:

So the main goal is basically to get the spouse who was receiving the payment back on their feet again. So do they need to go back to school, to receive some more education? Do they need training or do they just need some more time to find a job? Maybe they've been out of the workforce for a while, and it's going to take a little bit to get them through that period of time.

Rob Rosenthal:

And is there ever a case where there would be such a thing as permanent maintenance?

Erin Leake:

Sometimes there can be maintenance without an end date if it relates to the physical or mental disability of the spouse or the child, and because that physical or mental disability is presumably not going to go away. But Chapter Eight maintenance can always be modified or reviewed by the court. So even if it's permanent and extending forever in the order, that doesn't mean that the spouse can’t come back and ask for that to be lowered or reviewed.

Rob Rosenthal:

Gotcha, that was going to be my next question and you covered that. Thank you for helping us out today, I appreciate it.

Erin Leake:

Thank you.

Rob Rosenthal:

That's going to do it for this episode of Ask the Lawyer. My guess has been Austin attorney Erin Leake with the Vaught Law Firm. Remember, if you want the very best information or you want to be able to choose a lawyer that lawyers choose, make sure to go to askthelawyers.com. Thank you for watching. I'm Rob Rosenthal with AskTheLawyers™.

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