Spousal Maintenance in Texas – What Are The 3 Different Types? - Reynaldo Garza, III

There are a number of myths about spousal maintenance that Texas lawyers must frequently clarify with their divorcing clients, the main one being that any spouse is entitled to financial support from their ex-spouse.

Instead, attorneys advise their clients that spousal maintenance in Texas is only ordered on a case-by-case basis according to need and certain other factors.

Family law firms help clients assess their financial situation and petition the court for spousal maintenance by demonstrating evidence of that need in relation to the three different types of support that may be granted.

1. Temporary Maintenance

Temporary spousal maintenance may be ordered by a judge in cases where a spouse and his or her lawyer are actively working through a divorce and one spouse requires financial assistance.

This support is ordered for a designated length of time and is designed to help the lower-earning spouse through the divorce process, giving them time to recover and reassess their financial situation.

Temporary maintenance must be requested by attorneys and their clients by filing a Motion for Temporary Order.

Temporary maintenance is not guaranteed and if ordered, does not generally continue after the divorce; however, in certain instances, a judge may extend it as the lower-earning spouse works on rectifying their financial situation.

2. Contractual Support

While the Texas family court might not order spousal support in most cases, couples who make their arrangements through a family law firm can make their own maintenance agreement.

Contractual alimony is done by drafting a contract that stipulates the amount and duration of spousal maintenance to be paid, then presenting that agreement to the court for approval.

Lawyers find that contractual maintenance can be easier to get approved since both spouses must agree ahead of time.

Details of this agreed maintenance are added to the divorce decree and are legally enforceable like any other condition of the agreement.

3. Spousal Maintenance

Spousal maintenance can be ordered by the court when attorneys and their clients are able to demonstrate a lower-earning spouse’s need for this financial assistance.

Maintenance may be ordered when requesting spouses meet one of the following criteria:

The paying spouse has been convicted of domestic violence against the lower-earning spouse or their children or received a deferred adjudication while the divorce is pending or within two years of filing for divorce.
The couple has been married for more than ten years, and either the spouse seeking support lacks sufficient income or property to support themselves or the spouse is disabled, lacks earning ability, or is the parent of a disabled child.
The requesting spouse is a sponsored immigrant and they are able to enforce the Affidavit of Support that was executed for their marriage to take place.

In these cases, law firms find that the amount and length of spousal maintenance that may be ordered depends on various additional criteria including the reason for ordering support, the length of the marriage, and other factors.

Discuss Spousal Maintenance With An Experienced Texas Divorce Lawyer

The Texas family court does not automatically order spousal maintenance for most spouses who get divorced.

Yet when lawyers and their clients are able to prove that a lower-earning spouse has a financial need, there are avenues by which they can seek spousal maintenance from the court.

The best recommendation is for spouses to contact a law firm that specializes in divorce cases and related concerns and can help a spouse determine if they meet the criteria to seek spousal maintenance.

A skilled Texas divorce attorney will work in their client’s best interest to help them gain whatever consideration they are entitled to in their efforts to move forward after their divorce.