Spousal maintenance, also known as alimony or spousal support, is one of the most challenging financial issues spouses may need to address when they divorce. In some marriages, spouses have vastly different economic circumstances. One spouse has more property than the other or earns far more of the marital income overall.
Those differences in circumstances can lead to vastly different standards of living following a divorce. Therefore, a lower-earning or dependent spouse might ask the court to order maintenance to help them afford basic financial obligations. Unlike child support, spousal maintenance is not automatic. Judges have to consider certain factors when determining if maintenance is appropriate, how much it should amount to and how long it should last. The following factors strongly influence spousal maintenance in a litigated Texas divorce scenario.
The need of the recipient spouse
The courts only order spousal maintenance in cases where such support is clearly necessary. The individual requesting support typically needs compelling evidence establishing their current inability to support themselves. Special circumstances including health challenges, advanced age or custody of an adult child with disabling medical conditions, could strengthen someone’s claim when they ask the courts to grant them spousal maintenance.
The ability of the other spouse to pay
Judges need to consider whether the spouse making maintenance payments can afford to provide financial support after the divorce. Higher-earning individuals who have enjoyed a higher standard of living during the marriage are more likely than those earning minimum wage to face spousal maintenance obligations. Not everyone can afford to provide financial assistance following a divorce. The income level and earning potential of the spouse who might have to pay both influence what the courts decide is appropriate.
The duration of the marriage
Shorter marriages are less likely to lead to orders of spousal maintenance than longer marital relationships. Typically, people need to stay married for at least a decade for maintenance to be an option unless there are highly unusual circumstances. Even after 10 years of marriage, the duration of the relationship influences the amount and duration of spousal maintenance. The longer spouses stayed married, the greater the likelihood that a judge might agree to award a dependent spouse maintenance after the divorce.
Those who know the factors that influence spousal maintenance and other financial decisions in a divorce can use that information when preparing for divorce court. Understanding the basics of family law can help people set realistic expectations and respond appropriately to a spouse’s demands.