When people say “alimony” in Texas, what they are really referring to is either spousal maintenance or contractual alimony. Spousal maintenance is defined under the Texas Family Code and requires that one partner pay the other partner money to support him or her for a period of time. For example, a stay-at-home mom could use the money to go to college, purchase a home, or pay living expenses until she lands a job. Contractual alimony is not defined in the Texas Family Code the same way, and it is based on a negotiated agreement between husband and wife.
Calculating Spousal Support
Divorcing couples can work together or with a mediator to create a contractual alimony agreement. It’s important for both parties to understand the family’s financial details, however, to ensure the support agreement is fair.
If the couple can’t agree, the Court can decide the amount, duration, and manner of spousal support payments as set out in the spousal maintenance laws.
When making this decision, the Court does not discriminate against the non-working spouse, but it will consider the length of the marriage, the needs of the non-working spouse, her ability to get a job, the ability of the other spouse to pay the support, and other factors. There are also limits on the amount and length of time the court can order spousal maintenance based on the length of the marriage.
Spousal maintenance and contractual alimony allow stay-at-home moms to support themselves after divorce and get back on their feet. To alleviate financial challenges and provide peace of mind, consider contacting a divorce attorney who can help you receive the spousal support you deserve.
At Alexandra Geczi PLLC Family Law, we have top divorce attorneys helping clients get their fair share of alimony or spousal maintenance as part of the divorce process. Contact us today for your free case evaluation.