Are you preparing for a divorce? Divorce law can be complex with many different aspects involved. Division of property, assets, child custody, spousal support, child support, and other legal matters must all be decided as part of the divorce proceedings.

Whether you’re considering filing for divorce or your spouse has informed you that they want a divorce, here’s what you need to know about Texas divorce laws.

Legal Grounds for Divorce

The state of Texas recognizes the following legal grounds for divorce:

1. If the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation;
2. Cruelty by one spouse towards the other of a nature that renders living together unsupportable;
3. Adultery;
4. The commitment of a felony by one spouse, who has been imprisoned for at least one year in the Texas Department of Criminal Justice, a federal penitentiary, or the penitentiary of another state, and who has not been pardoned (This does not apply if the spouse was convicted on the testimony of the other spouse);
5. Abandonment for at least one year;
6. If the couple have lived apart without cohabitation for at least three years; and
7. If, at the time the suit is filed, one of the spouses has been confined in a state mental hospital or private mental hospital in Texas or any other state for at least three years and it appears that the mental disorder is of such a degree and nature that adjustment is unlikely, or if adjustment occurs, a relapse is probable.

A marriage may be annulled or voided for other reasons, but that is a different legal matter from divorce. A lawyer can help you determine whether or not an annulment or voided marriage is possible for you.

Division of Property

Community property is considered to be any money, possessions, land, and assets of any kind that were acquired by either party since the start of the marriage. In Texas, the court has the right to rule on the division of community property during a divorce in a way they think is just. Division of property also includes items like stocks, retirement funds, employer-offered profit sharing, bonuses, insurance policies, and other financial assets.

Child Custody/Support

One of the most difficult and emotional aspects of divorce is child custody. Custody, referred to as conservatorship in Texas, means having the major decision making rights, privileges, duties and powers. Joint conservatorship means that both parents share in the parental duties. If the parents can not agree on how to divide the parental responsibility, the court will rule on this matter.

If the child lives primarily with one parent, the other parent may be required to pay child support to the custodial parent. The amount will be determined by the court. Child support is paid until the child is 18 years old unless there are extenuating circumstances that require the child to remain under parental care into adulthood.

Spousal Maintenance

More commonly known as alimony, spousal maintenance is paid by one spouse to the other. In the state of Texas, for spousal maintenance to be ordered, one of the following must be true:

1. The obligor was convicted of a criminal offense that also constitutes an act of family violence and the offense occurred within two years of the date the suit for Dissolution was filed or while the suit is pending; or
2. The couple has been married ten years of longer; the obligee lacks sufficient property to provide for his/her minimum reasonable needs and is unable to support him/herself through employment due to physical or mental disability; or is the custodian of a child of the marriage of any age, who requires substantial care and personal supervision due to a physical or mental disability; or she/her clearly lacks earning ability in the labor market to provide for his/her minimum reasonable needs.

Separation

Separation is not legally recognized in the state of Texas, therefore there are no laws established to govern this situation. However, a written agreement can be established between both parties that specifies division of property and how debt and spousal support may be paid during the time period leading up to divorce.

Facing Divorce? Get Help From The Law Office of Andrea M. Kolski

Texas divorce laws can be complex and complicated. You need the help of an experienced divorce and family lawyer who can help you interpret the law and get your fair share of the marital assets. The Law Office of Andrea M. Kolski will fight for your right to the marital assets as well as child custody and support.

Call 832-381-3430 or contact us today to schedule a consultation. We are glad to offer our legal support during this difficult time.

Spousal support, also known as alimony or spousal maintenance, is money paid by one spouse to the other in the event of a divorce. In the state of Texas, spousal support is not always ordered by the court, but it can be depending on the situation. A family lawyer can help you understand spousal support laws in Texas and help you plead your case.

If you are facing a divorce, here’s what you should know about Texas spousal support.

• Spousal support is additional money not included in the marital assets. Spousal support is money paid by one spouse to the other after the marital assets have been divided. There may be a specific timeframe for spousal support to be paid before the situation will be reassessed.
• Spousal support is ordered by the court. The court will decide whether or not spousal support will be paid as part of the divorce proceedings. One party or the other can make a plea for spousal support and the judge will rule one way or the other.
• Contractual alimony is agreed upon between the spouses in a divorce. In some cases the spouses in a divorce can decide on contractual alimony. This may be a part of divorce negotiations and mediation outside of court. Contractual alimony may benefit both parties, as the payer and payee have a say in the matter.
• Temporary spousal support can be paid before the divorce is finalized. In some cases one spouse may pay support to the other before the divorce proceedings take place. This is called temporary spousal support and it does not guarantee that spousal support will be ordered by the court in the divorce.
• Spousal support is usually paid by the spouse with the higher income. If one spouse has significantly higher income than the other, they will likely be the one who is required to pay spousal support, if it is ordered by the court at all. Earning potential is also taken into consideration as well as current income. One spouse may not have worked in the past, but has the education and resources necessary to earn a liveable wage in the future. In this case there may be no spousal support required.
• Spousal support can change if the recipient’s financial situation changes. The amount of spousal support may change or be canceled altogether if the financial situation of the recipient improves. For example, if the recipient gets remarried and their total household income increases, spousal support may be reduced or stopped.
• Spousal support can be difficult to get in Texas for a variety of reasons. If you are seeking spousal support, the state of Texas does not make it easy. Texas is a community property state, meaning all of the marital assets are divided equally between the two spouses. This puts both parties on relatively equal ground immediately following the divorce proceedings. Texas also wants to discourage either spouse from using spousal support as a reason to avoid seeking gainful employment.

Since 2011, eligibility for spousal support depends on the spouse’s ability to prove that after divorce (meaning after the division of assets and liabilities) there will not be enough property (including that spouse’s separate property) to meet his or her minimum reasonable needs (which usually means the spouse’s monthly expenses), and also one of the following:

1. the marriage has been for ten years or longer and the spouse made diligent efforts to either earn sufficient income or to develop necessary skills while the divorce is pending to meet his or her minimum reasonable needs; or
2. the other spouse has committed family violence; or
3. the requesting spouse has an incapacitating disability that arose during marriage; or
4. a child of the marriage (of any age) has a physical or mental disability that prevents the spouse who cares for and supervises the child from earning sufficient income.

• Spousal support is different from child support. Spousal support is a totally separate item from child support. One spouse may be ordered to pay child support to the parent who has primary custody of the child. Child support may also be ordered if one parent lacks the necessary income to meet the child’s needs.

Have Questions About Spousal Support? Contact the Law Offices of Andrea M. Kolski

Divorce can be quite a financial burden on one or both spouses. Whether you wish to seek spousal support or you feel you are being ordered to pay spousal support unfairly, the Law Offices of Andrea M. Kolski can help. We are a family law firm that represents our clients in divorce proceedings and family court cases. We are ready to fight for your rights both in and out of court.

Call 832-381-3430 or contact us today to schedule a consultation.

Presumption Against Spousal Support

Texas has a presumption against spousal support, which means that divorce courts assume that no support will be made unless the spouse seeking support can demonstrate that it is needed. Unless a mental or physical disability, or family violence, is involved, that spouse must also show an ongoing effort toward obtaining employment or job training that will make him or her self-sufficient.

Qualifications for Support

If the court agrees to consider spousal support, the spouse seeking support must not only show that he or she is unable to financially provide for basic needs, even after the division of property that occurs with the divorce, but also that one of the following conditions is met:

• Other spouse convicted of family violence in the past two years
• Physical or mental disability of the spouse seeking support that prevents gainful employment
• Physical or mental disability of a child for whom the spouse seeking support has custody that is severe enough to preclude the spouse from gaining meaningful income
• Marriage of ten years or longer and the spouse seeking support has continuously attempted to seek gainful employment or job training throughout the divorce process

Amount and Duration of Support

If spousal support is granted, there is no simple formula for determining either the amount or duration of support. The judge will consider what each partner invested in the marriage in terms of homemaking, contributions to each other’s education, and other intangibles, as well as the individual property that each partner brought to the marriage and the length of the marriage.

In addition, the judge will consider both spouses’ current ability to financially support their own basic needs, as well as the realistic ability of the seeking spouse to obtain education and job skills at this time. This is based on a wide range of factors including age, current educational level, health, resources, and prior employment.

Law-breaking is another important consideration. If there is a pattern of family violence, if either partner was unusually cruel to the other, or if either partner committed adultery, the spousal support award might change. The judge may also consider whether one spouse irresponsibly and excessively spent joint funds or concealed mutual property. There may not be enough evidence to bring charges, but judges tend to punish habitual miscreants while rewarding innocent spouses.

Maximum Amount and Duration of Support

Although judges have a great deal of leeway in awarding spousal support, there are limits imposed by the law. Spousal support may not exceed 20% of the supporting spouse’s income or $5,000, whichever is less. It is also time-limited by law, except when the supported spouse has a disability or has custody of a child with a disability.

• Five years: If support is granted based on a history of family violence, or if the marriage lasted less than 20 years
• Seven years: For marriages that lasted between 20 and 30 years
• Ten years: For marriages that lasted for more than 30 years

Spousal support orders may be changed if either spouse’s financial picture substantially changes. It ends automatically if either spouse dies, or if the supported spouse remarries or enters a long-term living together relationship.

Contractual Alimony

Contractual alimony, as the name suggests, is negotiated as a contract between the divorcing spouses. It is not enforceable through the courts except as a regular debt. It is most often negotiated on a short-term basis to help the receiving spouse qualify for an apartment or to assume the mortgage under his or her own name, or to seek education to improve his or her job prospects.

However, contractual alimony does not automatically end except upon the death of one spouse. If the supporting spouse wants it to end when the receiving spouse reaches a certain income level, after a specific time period, when the receiving spouse remarries, or at any other milestone, those parameters must be clearly stated in the contract.

Spousal support is not part of the majority of Texas divorces today, but it does remain available for those who qualify. Within the limits of the law, judges have a great deal of flexibility in determining the appropriate amount and duration of support. Therefore, if you are involved in a Texas divorce with spousal support on the table, it is essential to seek representation from a skilled, experienced family lawyer.

With 6 years of experience as a Harris County prosecutor and 11 years of experience representing clients in a variety of family, domestic, and criminal cases, past president of the Montgomery County Bar Association, Andrea Kolski, has the background you need to win your case. For more information or to schedule a consultation, call Nonstop Justice today at 832-381-3430.