Spousal Support and Alimony
Texas judges do not award permanent spousal support lightly. In a divorce where one of the spouses contests a spousal support award, a Texas court will award spousal support in very limited circumstances.
Spousal support may be available in your Texas divorce as follows:
- Awards of temporary spousal support while a divorce is ongoing
- Spousal support awards resulting from an agreement between spouses
- Spousal support based on financial need and special circumstances (see below)
Awards of Temporary Spousal Support
Texas judges are sensitive to the need of a spouse to obtain temporary support during the course of a divorce when the other spouse has the ability to pay support, and the economic realities of a case warrant an award of temporary support.
Spousal Support Agreements Between a Husband and Wife
In some cases, a husband and wife may determine that it is appropriate, or financially advantageous, to include spousal support as part of a complex property division. One reason for such an agreement is the tax implications of spousal support: Child support payments are not tax deductible. Spousal support payments are tax deductible.
Spousal Support for Need or Special Circumstances
In limited cases, a husband or wife may be awarded spousal support that continues after the conclusion of divorce proceedings. The support may be permanent or may continue for a period of time if deemed necessary by the court.
Pursuant to the Texas Family Code, Title I, Section 8, spousal support may be awarded if one of the spouses has recently been convicted (or adjudication deferred) of a crime of family violence. Section 8 also specifies that spousal support may be awarded in cases involving a long-term marriage (10 or more years) where the spouse seeking support does not have sufficient property to meet his or her minimum reasonable needs and:
- Is unable to support himself or herself through employment as a result of physical or mental disability
- Is unable to work outside of the home due to the need to care for a child of the marriage who is physically or mentally disabled
- Lacks earning ability to provide for his or her minimum reasonable needs
Austin Spousal Support Attorney
To speak with a Central Texas divorce lawyer about spousal maintenance, child support, property division or other important matters that may affect your rights in a divorce, contact the Law Office of Janet McCullar in Austin, Texas. For assistance, call 512-371-6505 or contact us by e-mail.
