How Much Spousal Maintenance?

The standard the court uses in setting spousal maintenance is to provide for the minimum reasonable needs of the spouse eligible for alimony, considering employment or property received in the divorce or otherwise owned by that spouse that contributes to the minimum reasonable needs of him or her.

There is a limit on how much spousal maintenance can be awarded in a Woodlands divorce case. The monthly limit is the lesser of

1. 20 percent of the spouse’s average monthly gross income; or
2. $2,500;

Department of Veterans Affairs service-connected disability compensation, social security benefits and disability benefits, and workers’ compensation benefits are excluded from spousal maintenance.

How Long Can Spousal Maintenance Last?

Spousal maintenance is temporary and does not last forever. A court:

1. may not order maintenance that remains in effect for more than three years after the date of the order; and
2. shall limit the duration of a maintenance order to the shortest reasonable period that allows the spouse seeking maintenance to meet the spouse’s minimum reasonable needs by obtaining appropriate employment or developing an appropriate skill, unless the ability of the spouse to provide for the spouse’s minimum reasonable needs through employment is substantially or totally diminished because of: (A) physical or mental disability; (B) duties as the custodian of an infant or young child; or (C) another compelling impediment to gainful employment.

When Does it End?

Spousal maintenance payments can end early if certain conditions arise. These conditions are:

1. the death of either party or on the remarriage of the person awarded maintenance payments.
2. After a hearing, the court shall terminate the maintenance order if the obligee cohabits with another person in a permanent place of abode on a continuing, conjugal basis.

Related posts:

1. The Basics of Alimony in The Woodlands
2. Child Support and Disability Benefits

Alimony is not automatic once your marriage crosses the 10 year mark. There are several additional key criteria that must be established before a judge can order alimony. Specifically, the spouse seeking support must show that he or she lacks sufficient property to provide for his or her minimum reasonable needs and that he or she either:

1. is unable to support himself or herself after the divorce through appropriate employment because of an incapacitating physical or mental disability,
2. is the custodian of a child of the marriage of any age who requires substantial care and personal supervision because a physical or mental disability makes it necessary that the spouse not be employed outside the home, or
3. clearly lacks earning ability in the labor market to provide for his or her minimum reasonable needs.

Pursuing alimony is an uphill battle. Even if you or your spouse passes the test described above there is a second test. The Texas Code has a statutory presumption against alimony based on a marriage of ten years or longer. In order to rebut this presumption, the requesting spouse must show

1. he or she has diligently sought suitable employment or
2. has diligently attempted to develop the necessary skills to become self-supporting during separation and during the pendency of the divorce suit.

The requirement of complying with the diligent job search or skills development is excused if the spouse seeking maintenance is prevented from seeking and holding employment or becoming self-supporting because he or she has an incapacitating physical or mental disability or is the custodian of a child of the marriage of any age who requires substantial care and personal supervision because a physical or mental disability makes it necessary that the spouse not be employed outside the home.

Speak with a Woodlands Divorce Attorney today if you need help resolving an alimony issue in your Woodlands divorce.

About the Author

The Woodlands Divorce Resource is here to help you with your divorce, child custody, or other family law issue in Montgomery County or Harris County. Many of our visitors come from the areas of The Woodlands, Conroe, Oak Ridge North, Cut and Shoot, and other communities in the Montgomery County area or Houston and North Harris County. If you need legal assistance with your family law issue speak with a divorce lawyer in The Woodlands, TX today and protect your rights.

Related posts:

1. How Much Alimony for How Long?
2. Child Support for a Disabled Child