When going through a divorce, there is a lot of change happening in almost every aspect of your life. Along with changes come questions and concerns about financial stability without your current spouse. If you’ve never managed your finances, you might be stressed about learning how to budget, or you might be worried about being able to afford your basic needs without having your spouse’s income.
At Skillern Firm, our team understands how worrisome these changes can be for clients and is here to propose viable legal solutions tailored to your specific needs. In Texas, if you meet certain requirements, you may be entitled to spousal maintenance. As such, you may be wondering, “What is spousal maintenance?”
Spousal maintenance means “an award in a suit for divorce of periodic payments from the future income of one spouse for the support of the other spouse.” In other words, one spouse is required to pay a monthly sum to the other after the divorce. (See Texas Family Code Section 8.001(1)).
Do I Meet the Requirements to Receive Spousal Maintenance?
When a Court is deciding whether someone is entitled to receive spousal maintenance, it will look to see if you meet one of the requirements within Texas Family Code Section 8.051. To make things easier, think of this as a two-step process that the Court will follow. To be eligible for spousal maintenance, you must meet the requirements in step one and at least one of the requirements listed in step two.
Step One:
The spouse seeking spousal maintenance must lack sufficient property after divorce to provide for their minimum reasonable needs.
Step Two:
You must meet at least one of the following:
- The spouse from whom maintenance is requested was convicted of a criminal offense that also constitutes an act of family violence against the other spouse or other spouse’s child, during the marriage, that occurred while the divorce was pending or within two years before the divorce case was filed; or
- Spouse seeking maintenance is unable to earn sufficient income to provide for their minimum reasonable needs because of an incapacitating physical or mental disability; or
- The spouse seeking maintenance has been married to the other spouse for 10 years or longer and lacks the ability to earn sufficient income to provide for the spouse’s minimum reasonable needs; or
- The spouse seeking maintenance has custody of the child of the marriage of any age who requires substantial care and supervision because of a physical or mental disability, which prevents the spouse from earning sufficient income to provide for their minimum reasonable needs
What Does “Minimum Reasonable Needs” Mean?
In Texas, the meaning of “minimum reasonable needs” is not defined in the Texas Family Code. Instead, minimum reasonable needs are determined on a case-by-case basis, taking into account each case's unique circumstances. Minimum reasonable needs typically include groceries, water, gas, electricity, healthcare, basic clothing, and living expenses such as rent or mortgage payments.
However, it is important to note that minimum reasonable needs can vary depending on each couple's standard of living during the marriage. For example, a high-net-worth marriage may interpret what minimum reasonable needs means differently than a more moderate or low-income family. But it is also important to realize that “minimum reasonable needs” does not equate to “maintaining the lifestyle to which one is accustomed.”
Factors in Determining How Much Maintenance to Award and How Long
If a spouse has proven their need for spousal support by meeting the requirements above, a court will look at all relevant factors when determining the nature, amount, duration, and manner of periodic payments, including the following, outlined in Texas Family Code Section 8.052:
- Each spouse’s ability to provide for that spouse’s minimum reasonable needs independently, considering that spouse’s financial resources upon divorce.
- Judges consider not only your employment income, but also those assets you were awarded in the divorce. Was the property you were awarded easy to withdraw funds from, like checking and savings accounts, or more difficult, like 401(k)s or real property? Do you have more than one source of income that can provide for your needs? Questions like this should be discussed with your attorney when you are preparing your Inventory and Financial Information Statement, especially when you have a spousal maintenance claim.
- The spouses' education and employment skills, the time necessary to acquire sufficient education or training to enable the spouse seeking maintenance to earn sufficient income, and the availability and feasibility of that education or training.
- Do you or your spouse have bachelor’s degrees? Master’s? PhD’s? Did one of the parties attend school at an Ivy League college while another attended a regional or smaller school? Have you undergone specialized training or have a licensure in your area of expertise? How difficult would it be for you to renew your licensure if, for some reason, your credentials have lapsed during the marriage? Do you need to go back to school for additional education?
- The duration of the marriage.
- The age, employment history, earning ability, and physical and emotional condition of the spouse seeking maintenance.
- The effect on each spouse’s minimum reasonable needs while providing periodic child support payments or maintenance, if applicable.
- Acts by either spouse resulting in excessive or abnormal expenditures or destruction, concealment, or fraudulent disposition of community property, joint tenancy, or other property held in common.
- The contribution by one spouse to the education, training, or increased earning power of the other spouse.
- The property brought to the marriage by either spouse.
- The contribution of a spouse as a homemaker.
- Marital misconduct, including adultery and cruel treatment, by either spouse during the marriage.
- Any history or pattern of family violence.
Duration of Spousal Maintenance
Even after weighing the above factors to determine how much spousal maintenance to award and for how long, the Texas Family Code imposes limitations on the duration of maintenance. These “caps” on duration are determined by how long the spouses were married.
Maximum Durations of Spousal Maintenance
Maintenance can last up to Five Years if the spouses were married more than 10 years, but less than 20 years, OR if spouses were married less than 10 years and the spouse seeking maintenance is eligible for maintenance because of family violence.
Maintenance can last up to Seven Years if the spouses were married for at least 20-30 years.
Maintenance can last up to Ten Years if the spouses were married for 30 years or more.
Amount of Maintenance
The Texas Family Code in Section 8.055 places limits or caps on the amount of spousal maintenance that can be awarded. Accordingly, a court may not order spousal maintenance that requires the obligated spouse to pay more than the lesser of (a) $5,000 or (b) 20% of the spouse’s average monthly gross income.
Trusted Divorce Attorneys
The attorneys at Skillern Firm understand how difficult divorce can be, especially when there is financial stress weighing you down. If you are under financial pressure and wondering whether you might be eligible for spousal maintenance, give us a call today at (713) 229-8855 or contact us online to meet with an experienced attorney who can guide you through the process.
