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Financial questions can become more urgent when divorce creates two separate households. If you have relied on your spouse’s income, you may have questions about available support and how long it could last. Understanding the types of alimony in The Colony could help you make informed financial decisions during divorce.
Texas law uses the term spousal maintenance for support that a court orders, although people commonly refer to these payments as alimony. Our skilled spousal support attorney could explain which form of support may apply based on your finances and the circumstances of your marriage. Contact Towson Law Firm today to schedule your consultation.
A divorce can take time to complete, but household expenses continue while the case is pending. Under Texas Family Code § 6.502, a court may issue temporary orders for the support of either spouse while a divorce proceeds. One form of alimony that may arise during a divorce in The Colony is temporary support, which addresses financial needs during the case rather than creating a long-term obligation after divorce.
The court may evaluate each spouse’s financial circumstances when deciding whether temporary support is appropriate. Relevant information may include:
You should not treat temporary support as a prediction of the final divorce terms. Its narrower purpose is to address current financial needs while you work toward resolving property division and other issues that may shape your separate finances.
Another type of support that may be available after divorce in The Colony is court-ordered spousal maintenance, but the requesting spouse must meet statutory requirements to qualify. Under Tex. Fam. Code § 8.051, the spouse requesting maintenance generally must lack sufficient property to provide for minimum reasonable needs and meet an additional basis for eligibility.
That basis may involve the length of the marriage or qualifying family violence. Eligibility may also arise from a disabling condition or responsibility for a child whose disability prevents the requesting spouse from earning sufficient income.
State law also limits how much maintenance a court may order and how long payments may continue. In most cases, Tex. Fam. Code § 8.055 sets the maximum monthly maintenance award at either $5,000 or 20 percent of the paying spouse’s average gross monthly income, whichever is less.
Tex. Fam. Code § 8.054 establishes limits on how long spousal maintenance may continue. In certain disability-related circumstances, maintenance may continue for as long as the spouse remains eligible under the statute.
Contractual alimony is a form of support that spouses in The Colony may establish through negotiation. Under Tex. Fam. Code § 7.006, spouses may enter into a written agreement concerning property division and the maintenance of either spouse as part of resolving their divorce.
Negotiated support gives you and your spouse more control over payment terms and duration. Because contractual support differs from court-ordered maintenance, careful drafting is important. We could evaluate proposed terms alongside property division so you understand how the agreement may affect your finances after your divorce.
Determining which of the types of alimony in The Colony may apply to you requires consideration of both your immediate financial needs and the longer-term aspects of your divorce. Temporary support may address expenses during the case, while statutory maintenance and negotiated support involve different legal standards and financial consequences.
At Towson Law Firm, our goal is to help you understand those distinctions and make informed decisions without creating unnecessary conflict. Contact our founding attorney, Matt Towson, to discuss your circumstances and develop an approach to spousal support that fits within the broader resolution of your divorce.
Our Law Firm’s approach to your case is based on individual circumstances. Whether it is a simple negotiated settlement, or it requires an aggressive approach, we will protect and defend your best interests.
