NEW!!! Alimony Laws

Today, I am starting a series of articles about the new family law statutes in Texas.  After the legislature adjourned last June, and the governor laid down his pen, there were some significant changes in Texas family law.

One of the most far-reaching changes was to the Texas "Spousal Maintenance" (alimony) laws.

Historically, Texas has shied away from any type of alimony.  Unlike other states, in Texas most property acquired during the marriage is community property and therefore subject to division by the court.  If a spouse earned considerably less than the other spouse did, then a court could award a disproportionate division of the community property.  That was thought to be sufficient.

A few years ago, Texas adopted a limited "maintenance" law.  Under the right circumstances (generally having to do with family violence or a case where a divorcing spouse was not able to meet his or her minimal needs, the court could award monthly payments for up to three years.  The maximum monthly payment could be the lesser of 20 percent of gross income or $2,500.  Except for maintenance ordered as a result of family violence, the marriage must have lasted 10 years.

In 2011, this changed dramatically.  The new minimum is the lesser of 20 percent of gross income or $5,000.

The real change is in the time that spousal maintenance could be awarded.  For a marriage that lasts less and 20 years or in which the paying party had committed family violence, the maintenance could last as long as five years.

For a marriage of between 20 years and 30 years, the maintenance could last for seven years.

For a marriage over 30 years, the maintenance could last for 10 years.

The amounts and time periods are up to the court and are not automatic.  In fact, it is difficult to get spousal maintenance in most cases.





There are significant limitations and qualifications to maintenance, so it is imperative to have an attorney who can argue your case.  If we can help you at the Bob Leonard Law Group, please call us for an appointment at (817) 336-8500.