Spousal Support

Texas Appeals Court Upholds Denial of Spousal Maintenance

Published on: April 21, 2023 | by Francesca Blackard

iStock-1331374129-300x200 Texas spousal maintenance is intended to give temporary support to a spouse whose ability to support themselves has diminished and whose assets are insufficient to support them. After 10 years of marriage, a spouse who shows they lack sufficient property or the ability to earn sufficient income to provide for their “minimum reasonable needs” may be entitled to spousal maintenance. Tex. Fam. Code § 8.051(2)(B). They must, however, overcome the rebuttable presumption that maintenance is not warranted by showing they have exercised diligence in earning sufficient income to provide for their reasonable needs or developing the necessary skills to do so during separation and the pendency of the divorce case. Tex. Fam. Code 8.053. In a recent case, a wife appealed a trial court’s denial of her request for spousal maintenance.

The appeals court’s opinion stated the parties got married in 2009 and separated in 2018. The husband lived in Texas and the wife lived in a vacation condominium they bought in Illinois in 2018. The husband petitioned for divorce in 2019 and the final hearing occurred in February 2021.

The husband requested an equal property division and no spousal maintenance.

The wife asked for a 60/40 split of the assets and $5,000 per month in spousal maintenance for five years. She had not worked during the marriage or during the divorce case. Her mother testified she loaned her $37,500 during the separation. The husband had also transferred about $50,000 worth of assets to the wife during the case. The wife testified her monthly living expenses were about $12,000. She had last worked as a medication aide in 2008. She testified she previously worked as a certified nursing assistant but did not want to do so again. She testified her dental assistance certification did not transfer to Illinois. She also testified she had photography certifications but had not tried to earn income from them. She started a real estate course in 2019, but had not passed part of the test. She also admitted she had “not done anything” to become employed since the divorce case commenced. She said businesses were closed due to the pandemic and she did not have time to seek employment due to the divorce case.

Disability Can Be Established Through Lay Testimony in Texas Spousal Maintenance Case

Published on: December 27, 2022 | by Kelly McClure

iStock-545456068-300x184 A Texas court may award spousal maintenance in certain circumstances, including when a spouse lacks sufficient property to provide for their reasonable minimum needs and is unable to earn enough income to provide for those minimum reasonable needs due to an incapacitating disability. Tex. Fam. Code § 8.051. Spousal support is generally limited based on the length of the marriage, but may be indefinite while the spouse is unable to support himself or herself because of a disability. Tex. Fam. Code § 8.054(b).

A husband recently challenged a spousal maintenance award. According to the appeals court’s opinion, the parties had been married for about eight years and had a child together when the husband filed for divorce. The wife requested spousal maintenance.

Evidence Presented at Trial Regarding Spousal-Maintenance Request

The wife, the husband, and the husband’s mother all testified at trial. The wife testified about her work history, educational background, and health issues. She testified that she received daily dialysis, which required her to be connected to a machine for as much as 10 hours. She could, however, do the dialysis at home where she could move around the house and care for the child.

Texas Appeals Court Finds Insufficient Evidence for Spousal Support

Published on: December 11, 2022 | by Kelly McClure

iStock-483611874-300x200 Texas spousal maintenance is allowed only in limited circumstances, including when the spouse pursuing maintenance is not able to earn sufficient income to provide for their own minimum reasonable needs due to a disability, is not able to earn sufficient income to provide for their minimum reasonable needs after at least ten years marriage, or is unable to earn sufficient income to provide for their minimum reasonable needs because they are the custodian to the parties’ child who has a disability. The court may also award maintenance in certain situations involving domestic violence. TEX. FAM. CODE ANN. § 8.051.

Husband Ordered to Pay Spousal Maintenance

In a recent case, a husband appealed an order awarding spousal maintenance to the wife, arguing there was insufficient evidence supporting it. The parties had been married nearly 13 years when the wife petitioned for divorce. She sought spousal maintenance for a reasonable period after the divorce and the court awarded support for three years. The husband appealed.

According to the appeals court, the trial court had ordered the husband to pay $1,458.24 in monthly child support plus all the child’s insurance. She testified she earned $1,700-$1,800 per two-week pay period working about 32 hours per week. She said she previously earned $35 to $36 per hour at other jobs. She said her employer was only open four days per week so she was not able to increase her hours.

Texas Spousal Maintenance After 10-Year Marriage

Published on: August 4, 2022 | by Kelly McClure

iStock-172302804-195x300 A trial court may order Texas spousal maintenance, sometimes referred to as “spousal support” or “alimony,” if certain criteria are met pursuant to Tex. Fam. Code Ann. § 8.051.. If the marriage lasted at least 10 years, a court may order spousal maintenance to a spouse who does not have sufficient property or earning ability to provide for their own minimum reasonable needs. Tex. Fam. Code Ann. § 8.051(2)(B). A court may also award spousal maintenance to a spouse who does not have sufficient property and is not able to earn sufficient income to provide for their minimum reasonable needs due to their own incapacitating disability or the disability of the parties’ child.

Husband Order to Pay Spousal Maintenance

A husband recently challenged an order requiring him to pay spousal maintenance, arguing the wife had been awarded sufficient property to meet her reasonable minimum needs. The wife petitioned for divorce after nearly thirteen years of marriage. The trial court ordered the husband to pay $2,500 in monthly spousal support for two years and he appealed.

The marriage had lasted for more than 10 years, so the wife was eligible to pursue spousal maintenance if she did not have sufficient property or the ability to earn sufficient income to provide for her minimum reasonable needs. The trial court had awarded her assets worth $830,871.60 and she estimated her expenses to be $6,791 per month.

What is Spousal Maintenance and When is it Awarded?

Published on: November 21, 2021 | by Kelly McClure

Spousal maintenance (which is commonly compared to other states’ alimony) is a payment from one spouse to another to help the other spouse meet their “minimum reasonable needs” after divorce. A Texas divorce court will determine what is considered to be a spouse’s “minimum reasonable needs,” and can take many factors into consideration when making this determination. (Tex. Fam. Code Ann. § 8.001) Thus, whether a spouse is entitled to spousal maintenance is decided on a case-by-case basis.

A spouse who is seeking spousal maintenance must first demonstrate one of the following to be considered for maintenance (Tex. Fam. Code Ann. § 8.051.):

The marriage lasted 10 or more years;

Texas Spousal Maintenance Upheld Without Medical Records or Expert Testimony

Published on: August 8, 2021 | by Kelly McClure

iStock-1183385986-scaled A court may order Texas spousal maintenance if the spouse requesting it is not able to earn enough to provide for their own minimum reasonable needs due to an incapacitating disability. The incapacitating disability may be either physical or mental. Tex. Fam. Code 8.051. A former husband recently challenged a spousal-maintenance award, arguing that the former wife had not shown her disability was “incapacitating.”

Husband Files for Divorce

The couple separated in September 2016 and the husband petitioned for divorce in 2018. At trial, the wife testified she had fallen down the stairs in April 2016.

The wife testified she had lost her vision for several days as a result of the fall. She also experienced seizures. She was in the hospital for several days and was diagnosed with traumatic brain injury with severe memory loss. She said she had difficulty with words and processing things. She testified she recently started regaining her memory and taught herself to read again. She also testified her short-term memory had gotten better than it had been. She admitted that she could currently drive and do math with a calculator.

Texas Contractual Alimony Claim Barred by Contract Statute of Limitations

Published on: July 11, 2021 | by McClure Law Group

iStock-1183385986-scaled Texas divorce cases can involve multiple areas of law. Contract law applies to pre-marital and post-marital agreements. Contract law may also apply to agreements the parties enter into as part of a divorce. In a recent case, a portion of a wife’s claims for contractual alimony was barred by the contract statute of limitations.

When the parties divorced in 2012, they entered into a written agreement. Their divorce decree included a provision for “Contractual Alimony,” with the parties agreeing that the husband would pay the wife $4,000 per month, payable on the first of the month with a five-day grace period before the payment would be considered late. The contractual alimony was to be paid from June 2013 to May 2015. The decree further stated that the wife could accelerate the payments if the husband defaulted and failed to cure within 30 days of receiving notice of intent to accelerate.

Wife Moves to Enforce Contractual Alimony

The wife moved to enforce the alimony requirements on March 26, 2019. She alleged the husband had failed to make the payments starting in December 2013. She asked the court to order him to pay the past due payments, interest, and fees and costs.

Texas Court Has Discretion in Determining Duration of Spousal Maintenance

Published on: April 27, 2020 | by McClure Law Group

In a Texas divorce, if one spouse does not have sufficient property to provide for his or her minimum reasonable needs and is not able to earn enough income to provide for those needs and certain other circumstances are met, the court may order spousal maintenance. Tex. Fam. Code § 8.051. The duration of spousal maintenance is generally based on the length of the marriage, with 10 years being the greatest duration, for marriages longer than 30 years. However, in some circumstances, the court may order maintenance for a longer duration. When the spouse is unable to provide for their needs due to disability, the court may order maintenance for as long as they meet the eligibility criteria. Tex. Fam. Code § 8.051.

A wife recently challenged her divorce decree, in part because of the duration of the maintenance award. After the husband filed for divorce, the wife requested temporary spousal support and spousal maintenance after the divorce. The husband was ultimately ordered to pay $400 per month temporary support, starting November 15, 2015. The wife moved to enforce the order after the husband failed to start paying on time, and he began paying the following April.

At a hearing in October 2018, the wife testified she was disabled and it affected her ability to get employment. She testified regarding her retirement, her disability benefits, and her monthly expenses. She said she would not be able to pay for her expenses without spousal support.

Spousal Maintenance in Texas Divorce Cases

Published on: April 13, 2020 | by McClure Law Group

In a Texas divorce, a spouse who cannot support herself or himself because of an incapacitating disability and does not have sufficient property to meet their needs may be eligible for spousal maintenance. Tex. Fam. Code Ann. § 8.051. Spousal support is generally limited in time, but a court may order spousal maintenance indefinitely to a spouse who is disabled. Tex. Fam. Code Ann. § 8.054. There are statutory limits to the amount of spousal maintenance a court can award. Tex. Fam. Code Ann. § 8.055.

A husband recently challenged an award of spousal maintenance to the wife. He filed for divorce after the couple had been married for more than 18 years. The wife filed a counterpetition and sought spousal maintenance.

At trial, the wife testified she owned as separate property a house she received in a previous divorce. She expected to receive $96,000 in proceeds from its sale to put toward buying a new home. She testified she would “barely have enough to pay for [the new] house.”

Ongoing Obligation Under I-864 Affidavit of Support after Texas Divorce

Published on: April 6, 2020 | by McClure Law Group

In many cases, when a person seeks to obtain lawful permanent resident status in the United States, also known as a green card, they must have a sponsor who agrees to support them. If the person is moving to the United States as a spouse of or to marry a lawful permanent resident or a U.S. citizen, the spouse often serves as the sponsor. The sponsor must sign a Form I-864 Affidavit of Support, which is a legally enforceable contract in which the sponsor agrees to use their financial resources to support the person who intends to immigrate. After the person becomes a lawful permanent resident, the sponsor’s support obligation generally continues until one of the specified conditions is met, including the immigrant becoming a US citizen or earning 40 work quarters toward Social Security. Divorce is not one of the conditions that relieves the sponsor of his or her support obligation. Therefore, the support obligation may become an issue in a Texas divorce involving an immigrant who has not become a US citizen.

The support obligation was at issue in a recent case. The wife had moved to the United States from Mexico to be with the husband in 2014. They married in June 2016. The husband signed an I-864 affidavit of support in August 2016, agreeing to provide the wife with any support needed to keep her income level at at least 125% of the federal poverty level. The wife later became a lawful permanent resident.

The husband filed for divorce in July 2017. In her counterpetition, the wife asked the court to order the husband “to support her under his federal contractual obligation” based on the form I-864. The trial court heard evidence and granted the divorce, but took the issue of the husband’s obligation pursuant to the I-864 affidavit under advisement to review the case law submitted by the parties. The court held multiple hearings on the issue.