Divorce Settlement Priorities: Weighing Spousal Support vs. Asset Distribution in Texas
Spousal Maintenance and Property Division in a Texas Divorce: A Guide
Navigating a divorce in Texas can be a complex process, particularly when it comes to spousal maintenance and property division. Here's a breakdown of what you need to know.
Spousal Maintenance (Alimony) in Texas
Eligibility for spousal maintenance in Texas hinges on the length of the marriage, each spouse's financial resources, the standard of living during the marriage, and contributions such as homemaking or childcare.
The Lone Star State recognizes three types of spousal maintenance:
- Temporary maintenance: This is provided during the divorce process to prevent financial hardship until the lower-earning spouse becomes self-supporting.
- Contractual maintenance: This is established by pre- or postnuptial agreements, specifying amounts and duration.
- Permanent maintenance: This is rare, awarded in cases of long marriages, severe disability, or domestic violence, with periodic reviews possible.
The amount and duration of spousal maintenance are statute-limited. Payments cannot exceed 20% of the paying spouse’s gross monthly income or $5,000 per month, whichever is lower. Duration depends largely on the marriage length:
- Up to 5 years for marriages under 20 years,
- Up to 7 years for 20 to 30 years,
- Up to 10 years for marriages over 30 years,
with exceptions for disabilities or other compelling reasons allowing longer support. Factors such as age, health, economic imbalance, the ability to become self-supporting, changes in circumstances, remarriage, or retirement affect both the awarding and termination/modification of support.
Property Division in Texas
Texas is a community property state, meaning anything acquired during the marriage is considered joint (community) property. Property division focuses on equitable distribution of marital assets and liabilities. By law, property accumulated during the marriage is generally divided in a just and right manner, considering contributions and circumstances.
If you're going through a divorce in Texas, it's crucial to hire a skilled and trusted lawyer. Boudreaux Hunter and Associates, LLC, located at 3555 Timmons Ln., Suite 1510, Houston, TX 77027, can help you navigate this challenging time.
Remember, your future is worth protecting, and it starts by planning the next chapter now. In some cases, considering going back to school or re-entering a career field may be a factor in seeking spousal maintenance. Spousal maintenance can be modified or ended early if circumstances change.
[1] Texas Family Code, Chapter 8 [2] Texas Family Code, Section 154.062 [3] Texas Family Code, Section 154.063 [4] Texas Family Code, Section 3.001
In the guide to a Texas divorce, understanding the role of finances is crucial, particularly in relation to spousal maintenance and property division. Spousal maintenance payments, limited by statute, can help the lower-earning spouse become self-supporting during the divorce process; however, the amount and duration are influenced by factors such as marriage length, financial resources, and contributions. Given that Texas is a community property state, property division in a divorce focuses on equitable distribution of jointly acquired assets and liabilities, as defined in Texas Family Code Section 3.001.
