A Financial professional serves as a neutral objective party on a collaborative divorce team and therefore does not take the side of either party. Our role is to guide you through the financial process as a financial facilitator. Because we are neutral this provides a safe environment for both parties which is critical since usually one party is more familiar with the finances and both need to feel comfortable to communicate.

The neutral financial professional during the collaborative process assists in basically 3 areas:

• Assist with gathering and organizing the financial information. This can be overwhelming, frustrating and very emotional during this time. Information includes an inventory of the marital assets and liabilities. In addition an income and expense statement projected for after the divorce for each party is an important tool for the divorce process.

• Assist in reviewing your options objectively. You both will have thoughts on how the assets should be divided which may look great on paper but how does that affect each of you today and in the future. This can prevent a party who thinks they may want the house to learn that after the divorce he or she cannot afford it. Also there are selling costs, penalties, taxes etc. to consider when dividing assets.

• Guide you to negotiate a solution. You may not get everything that you want but the solution should be one that you are both comfortable with which is a WIN WIN for both of you. You are not alone in this process since all parties are involved in any final decisions.

This process can save you money and more important it can save time since you have assistance to move forward at your own pace.

For more information contact Edna J. Thompsen, Certified Financial Planner, Certified Divorce Financial Analyst and member of the Collaborative Law Institute of Texas. She can be reached at 281-873-5850 or e.thompen@att.net

The previous maximum amount of alimony was $2,500 per month. Now, the maximum is $5,000 per month. The minimum amount remains at 20% of the average monthly income. This change impacts spouses that earn more than $12,500 per month because their amount of alimony payments just went up. For example, under the old system if the spouse earned $15,000 per month the maximum alimony payment was still $2,500. Now, the maximum alimony payment is $3,000 which is 20% of monthly income.

The duration of alimony and spousal maintenance payments was also increased. The previous limit was three years, no matter what. Now a sliding scale is in place.

1. If the marriage lasted at least 10 years but not more than 20 years, the court can order alimony and maintenance payments to continue for five years;
2. If the marriage lasted at least 20 years but not more than 30 years, the court can order alimony and maintenance payments to continue for seven years;
3. If the marriage lasted more than 30 years, the court can order alimony and maintenance payments to continue for ten years.

Remember folks, there is no legal separation in Texas and you are still married for the purposes of calculating alimony and maintenance payments until the court enters your final divorce order. Dragging your feet just got potentially a lot more expensive. Contact us today at (832) 592-7913 if you are contemplating dissolving your marriage and have questions concerning your financial future and whether you could be eligible or liable for spousal support under the expanded provisions of the new law.

If you would like additional information, check out our free Woodlands Divorce Guide.

Your final decree of divorce is a binding court order. If your spouse fails to comply with his or her obligations in that court order then your Woodlands Divorce Attorney can petition the court to enforce its decree. One of the most persuasive powers a divorce court has is the power to put someone in jail when they are found in contempt of court due to not following the terms of the court order. There are limits to this power however.

In one  case, the divorce court ordered Alvin to county jail for criminal contempt based on seven instances of failure to pay spousal support as provided for in his divorce decree. The sentence was for 180 days. The spousal support Alvin failed to pay was contractual spousal support that he consented to and was not tied to a legal duty based on the Family Code.

Contractual alimony and court imposed spousal maintenance have some significant differences. The Texas Family Code is very specific as to when the divorce court may impose spousal maintenance and the limits of that maintenance. On the other hand, contractual alimony is a private agreement between parties of a divorce. Further, contractual alimony is a private debt governed by the law of contracts, while spousal maintenance is a legal duty governed by the law of judgments. Therefore, the Supreme Court determined that Alvin’s incarceration based on his failure to pay contractual alimony was unconstitutional since contractual alimony is classified as a private debt and not enforceable by contempt.

Alvin also failed to maintain health insurance as part of his child support obligation. Unlike contractual alimony, a failure to adhere to child support obligations is punishable by contempt because it is based on a legal duty. However, in order for a party to be found in contempt there must be a written judgment of contempt along with a written order of commitment. Additionally, the contempt order cannot contain uncertainty nor can it suffer from multiple meanings. In Alvin’s case the contempt order was unclear as to whether the failure to provide health insurance itself served as the basis for contempt; therefore, the Supreme Court found there were no grounds for contempt and released Alvin.

This case is an important reminder to everyone that your divorce decree only achieves your goals to the extent it can be enforced and the options you have for enforcement. Contact us today at (832) 592-7913 if you need legal help to enforce your Montgomery County divorce decree. If you would like additional information, check out our free Woodlands Divorce Guide.

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.

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 Montgomery County divorce lawyer in The Woodlands, TX today and protect your rights.