Alimony is a form of monetary support during and after a divorce. Sometimes referred to as maintenance or spousal support, alimony may be temporary or permanent. The concept of alimony is based upon a man’s obligation to financially support his wife forever, even after a separation or divorce. Although the actual marriage is over, the man’s duty to provide for the woman he married continues.

Not so long ago, the only way the court would allow people a divorce was if one person proved marital misconduct of the other. Consequently, whoever caused the marital misconduct had to pay the victimized spouse alimony. In most cases, it was assumed that the husband was always at fault for misbehavior; thus ordered to pay alimony to his now ex-wife continuously. On the other hand, if the husband proved the wife guilty of misbehavior, then she did not have to pay alimony, but did forfeit her right to any type of spousal support.

Today, in all states except New York, the court grants no-fault divorces; which means neither the husband nor wife must prove marital misconduct. However, in most states “unspoken” or innuendo of spousal misbehavior plays a role in alimony rulings. Still, men are typically ordered to pay alimony to the woman for a specified period of time. In fact, only 3.6% of men receive alimony from their ex-wives. Statistically, men do earn more money than women do; therefore, the case for alimony is fairly strong in the woman’s favor.

Alimony is completely separate from child support and varies from state to state. Some states, such as Mississippi and Texas only award alimony in marriages that lasted ten years or longer. In others, the duration of alimony payments is limited to three years. In still other states, a civil union or common law marriage that dissolves may warrant alimony payments. Usually the presiding judge in family court determines the amount of monthly support; however, it is typically less than two thousand five hundred dollars or forty percent of the person’s income.

There are three classifications of alimony. They are temporary, rehabilitative, and permanent. Judges order temporary alimony when the spouses are no longer living together during divorce proceedings. Rehabilitative alimony is temporary and designed to allow the non-working or underemployed spouse time to find full-time employment. Permanent support is paid forever, unless the spouse remarries.

When a spouse has dedicated years of their life to being a home caretaker or a stay at home parent, the process of divorce can become especially difficult because they have been removed from the work force, and will have trouble receiving the same level of salary as was provided to them in their previous lifestyle. This is especially true when children are involved. Someone who is worried about being able to support themselves following a divorce should talk to an attorney in order to determine what legal options are available to them, especially pertaining to alimony and spousal maintenance. There are two limited scenarios where alimony will be awarded in Texas.

The two different circumstances that would be qualified for a judge to order spousal maintenance or alimony in a divorce are:

• If a spouse has been convicted of committing family violence,
• If the marriage has lasted for a period of ten years or more.

If family violence has been accused, then the date for the divorce petition must have occurred within the period of two years. Only in these two circumstances will there be any consideration for alimony. The spouse that is seeking the spousal maintenance support has to be capable of showing that he or she does not possess a sufficient enough level of resources that they can live within a reasonable parameter.

If there are children, and any child in the family has a disability that prevents the spouse from employment since they have to provide constant care, then alimony can definitely be sought. Spouses that are capable of showing their inability to earn an adequate living should also be able to receive alimony payments. Even in a situation where a judge orders that alimony be paid, there are still a number of limitations regarding what people can receive as well as what timeframe they would be able to receive the alimony payments for.

In the state of Texas, alimony payments are not allowed to exceed a period of three years unless there are physical disabilities or mental disabilities in place that prevent the spouse from being self supporting. The most money that a judge can order to be paid for the purpose of alimony is either 20% of the payer’s average monthly income, gross, or $2500, depending on which amount is the lesser amount. Alimony statutes in Texas pose a number of challenges that need to be overcome, meaning that working with an attorney is often the best way to have your spousal maintenance needs met.

Community property includes all property, debt, and assets that were acquired from the date of the marriage until the marriage cut-off date. After both spouses have agreed upon how property will be divided, both parties must sign the Marital Settlement Agreement. In a small number of cases, the property award is ordered and decreed by the District Court in the Decree of Divorce. Property division does not necessarily mean a physical division. Instead, you can award each spouse a percentage of the total value of the property. Each spouse will receive items that add up to his total percentage. During the divorce process, neither spouse is allowed to hide assets in order to protect them from property division. Hiding assets is illegal and can have serious consequences.

It’s important to understand the difference between community and separate property. Community property includes all earnings during the marriage and all property acquired from those earnings. All debts acquired during the marriage are also considered community property. Separate property, on the other hand, includes gifts and inheritances given to only one spouse. It also includes funds from a pension that vested before the marriage, and personal injury awards. A business owned by one spouse before the marriage remains separate property – unless the business increased in value during the marriage, or both spouses worked for the business. In practice, separate property mixed together with community property usually becomes community property.

Community property includes dividends from stocks and mutual funds, income from employee benefits acquired during the marriage (pension, 401K funds), and funds from secondary property (i.e. income from a rental house). It also includes crops grown on separate property, livestock born during the marriage, medical bills, disability payments, and workers’ compensation benefits.

Texas’ Community Property Rules

Texas (along nine other states) follows the “community property” method. This means that all marital property will be split equally (in a 50-50 fashion) among both spouses – unless otherwise agreed to by both parties. If both parties agree to split property in a different ratio, that’s perfectly fine. However, if you are unable to reach an agreement with your spouse, then all property will be divided equally by the District Court. Most spouses choose to divide property themselves, rather than letting the judge decide.

When it comes to property division, one of the biggest areas of disagreement is who gets to own the family house. If children are present, the primary care giver typically gets to keep the family home. If you don’t have any children and the house is the separate property of one spouse, then the spouse who owns the house can ask the other spouse to leave. If you don’t have any children and both spouses own the home, then neither spouse has the legal right to evict the other. Of course, you can ask your spouse to leave, but he doesn’t have to move. If the home is jointly owned, then the only way to evict your spouse (until the divorce is finalized) is if a judge grants a restraining order in response to domestic violence.

How Texas Divides Marital Debts

Another commonly asked question is, “How are debts divided?” Courts divide community debts on a “just and right” basis. Your divorce decree cannot re-structure your mortgage obligations or change loan agreements. However, the courts will attempt to equitably divide any outstanding debt obligations among both spouses. Each spouse will file a “Sworn Inventory and Appraisement” that lists all property and debts (both community property, and separate property). Typically, the two inventories do not agree, but they will be used by the judge to decide the property division. If your case goes to trial, evidence will be submitted about the items included in the Sworn Inventory & Appraisement document. If there are disputes over the value of community property, you can always hire an appraiser to determine value.