Articles Posted in Alimony

Trial courts are permitted to award Texas spousal maintenance in only limited circumstances.  If the spouse meets the eligibility requirements for maintenance, the court must consider a number of factors to determine the nature, amount, and duration.  Tex. Fam. Code § 8.052. Spousal maintenance is limited to the lesser of $5,000.00 or 20% of the spouse’s average monthly gross income. Certain items are excluded from “gross income,” including service-connected Veterans Affairs disability payments, supplemental security income (“SSI”), social security benefits, or disability benefits. Tex. Fam. Code § 8.055.  A husband recently challenged an order requiring him to pay spousal maintenance.

Wife Seeks Spousal Maintenance

According to the appeals court’s opinion, the parties got married in 2006 and the wife filed for divorce in 2019.  The wife sought spousal maintenance pursuant to Chapter 8 of the Texas Family Code and based on “contractual alimony.” She testified she was unable to work due to medical issues.  She said she lived with her daughter and did not have any income.

The wife testified the husband received $3,809.02 monthly from the Department of Veterans Affairs (“VA”) and $816 per month in social security.  She also testified that he also earned income by performing in a band.  She said he was paid under the table and was unable to estimate how much he earned.

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A Texas divorce case can become more complicated for spouses with a child with complex medical needs.  In addition to addressing issues related to custody and decision-making, the divorce may also have to address spousal maintenance for the child’s primary caregiver.  In a recent case, a husband appealed an unequal property division and a spousal maintenance award in favor of the wife, who acted as primary caregiver for the children.

According to the appeals court’s opinion, the parties had preterm triplets, one of whom was a “medically fragile child,” “Andy.”  The wife stopped working outside the home and became their primary caregiver.

The husband filed for divorce in 2019.  The wife subsequently negotiated a job with the non-profit she co-founded.

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iStock-531351317-300x200Texas spousal maintenance is intended to provide “temporary and rehabilitative” support for a spouse who does not have the ability or assets to support themselves or whose ability to do so has deteriorated while they were engaged in homemaking activities.  Courts may award spousal maintenance only in limited circumstances if the parties meet the requirements under the Texas Family Code.

Tex. Fam. Code § 8.053 provides there is a rebuttable presumption that maintenance is not warranted pursuant to Section 8.051(2)(B) unless the spouse exercised diligence in earning sufficient income to provide for their reasonable needs, or in developing the necessary skills to provide for their reasonable needs during separation and while the divorce case is pending.  Even if a spouse otherwise qualifies under Section 8.051(2)(B), they must either show that they exercised diligence or rebut the presumption that maintenance is not warranted.

A husband recently challenged a spousal maintenance award in favor of the wife and an order to pay a reimbursement claim to the community estate based on improvements made to his separate property.

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Texas spousal maintenance is intended to be temporary and rehabilitative. A trial court can only award spousal maintenance if the party seeking it meets certain requirements, which depend on the parties’ circumstances. A husband recently challenged a trial court’s award spousal maintenance to the wife for 81 months.

According to the appeals court, the parties got married in 2012 and had three children together.  The husband worked primarily in law enforcement, while the wife was a homemaker.  They separated in February 2021 and the husband moved out.  He petitioned for divorce in March.  The wife requested a disproportionate share of the community estate and spousal maintenance.

The trial court awarded the wife the home and a disproportionate share of the assets.  It also ordered the husband to pay her $1,200 in monthly spousal maintenance for 81 months.  The husband appealed the order for maintenance.

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iStock-1214358087-300x169Although testimony can be important evidence in a Texas divorce, documentary evidence is needed for some claims.  A wife recently challenged a number of issues in her divorce based on insufficiency of evidence.

According to the appeals court’s opinion, the parties acquired several rental properties during their marriage.  The husband petitioned for divorce in July 2020.  The trial was originally scheduled for October 7, 2020, but the wife moved for a continuance and asked for mediation.

The trial date was reset for April 28, 2021, but the wife moved for another continuance the day before.  The trial was rescheduled for May 6, 2021, and she again requested a continuance. The trial court denied the motion.

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iStock-545456068-300x184A Texas court may award spousal maintenance in certain circumstances, including when a spouse lacks sufficient property to provide for their reasonable minimum needs and is unable to earn enough income to provide for those minimum reasonable needs due to an incapacitating disability.  Tex. Fam. Code § 8.051.  Spousal support is generally limited based on the length of the marriage, but may be indefinite while the spouse is unable to support himself or herself because of a disability.  Tex. Fam. Code § 8.054(b).

A husband recently challenged a spousal maintenance award.  According to the appeals court’s opinion, the parties had been married for about eight years and had a child together when the husband filed for divorce.  The wife requested spousal maintenance.

Evidence Presented at Trial Regarding Spousal-Maintenance Request

The wife, the husband, and the husband’s mother all testified at trial.  The wife testified about her work history, educational background, and health issues.  She testified that she received daily dialysis, which required her to be connected to a machine for as much as 10 hours.  She could, however, do the dialysis at home where she could move around the house and care for the child.

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iStock-483611874-300x200Texas spousal maintenance is allowed only in limited circumstances, including when the spouse pursuing maintenance is not able to earn sufficient income to provide for their own minimum reasonable needs due to a disability, is not able to earn sufficient income to provide for their minimum reasonable needs after at least ten years marriage, or is unable to earn sufficient income to provide for their minimum reasonable needs because they are the custodian to the parties’ child who has a disability.  The court may also award maintenance in certain situations involving domestic violence.  TEX. FAM. CODE ANN. § 8.051.

Husband Ordered to Pay Spousal Maintenance

In a recent case, a husband appealed an order awarding spousal maintenance to the wife, arguing there was insufficient evidence supporting it.  The parties had been married nearly 13 years when the wife petitioned for divorce.  She sought spousal maintenance for a reasonable period after the divorce and the court awarded support for three years.  The husband appealed.

According to the appeals court, the trial court had ordered the husband to pay $1,458.24 in monthly child support plus all the child’s insurance.    She testified she earned $1,700-$1,800 per two-week pay period working about 32 hours per week.  She said she previously earned $35 to $36 per hour at other jobs. She said her employer was only open four days per week so she was not able to increase her hours.

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iStock-172302804-195x300A trial court may order Texas spousal maintenance, sometimes referred to as “spousal support” or “alimony,” if certain criteria are met pursuant to Tex. Fam. Code Ann. § 8.051..  If the marriage lasted at least 10 years, a court may order spousal maintenance to a spouse who does not have sufficient property or earning ability to provide for their own minimum reasonable needs.  Tex. Fam. Code Ann. § 8.051(2)(B). A court may also award spousal maintenance to a spouse who does not have sufficient property and is not able to earn sufficient income to provide for their minimum reasonable needs due to their own incapacitating disability or the disability of the parties’ child.

Husband Order to Pay Spousal Maintenance

A husband recently challenged an order requiring him to pay spousal maintenance, arguing the wife had been awarded sufficient property to meet her reasonable minimum needs. The wife petitioned for divorce after nearly thirteen years of marriage.  The trial court ordered the husband to pay $2,500 in monthly spousal support for two years and he appealed.

The marriage had lasted for more than 10 years, so the wife was eligible to pursue spousal maintenance if she did not have sufficient property or the ability to earn sufficient income to provide for her minimum reasonable needs.  The trial court had awarded her assets worth $830,871.60 and she estimated her expenses to be $6,791 per month.

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Spousal maintenance (which is commonly compared to other states’ alimony) is a payment from one spouse to another to help the other spouse meet their “minimum reasonable needs” after divorce. A Texas divorce court will determine what is considered to be a spouse’s “minimum reasonable needs,” and can take many factors into consideration when making this determination. (Tex. Fam. Code Ann. § 8.001) Thus, whether a spouse is entitled to spousal maintenance is decided on a case-by-case basis.

A spouse who is seeking spousal maintenance must first demonstrate one of the following to be considered for maintenance (Tex. Fam. Code Ann. § 8.051.):

  • The marriage lasted 10 or more years;

iStock-1183385986-scaledA court may order Texas spousal maintenance if the spouse requesting it is not able to earn enough to provide for their own minimum reasonable needs due to an incapacitating disability. The incapacitating disability may be either physical or mental.  Tex. Fam. Code 8.051.  A former husband recently challenged a spousal-maintenance award, arguing that the former wife had not shown her disability was “incapacitating.”

Husband Files for Divorce

The couple separated in September 2016 and the husband petitioned for divorce in 2018.  At trial, the wife testified she had fallen down the stairs in April 2016.

The wife testified she had lost her vision for several days as a result of the fall. She also experienced seizures.  She was in the hospital for several days and was diagnosed with traumatic brain injury with severe memory loss.  She said she had difficulty with words and processing things.  She testified she recently started regaining her memory and taught herself to read again.  She also testified her short-term memory had gotten better than it had been.  She admitted that she could currently drive and do math with a calculator.

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