Will I Have to Pay Alimony During My Texas Divorce?(Sometimes)
It is possible that a court will order alimony payments from one spouse to the other. If you agree with your spouse that you will pay alimony to help your spouse get back on his/her feet during the case, then you can pay it by agreement. If you do not agree, then we generally see courts order temporary alimony payments (that last only during the pending divorce case) if these circumstances apply:
- One spouse paid for the other spouse’s bills during the marriage;
- One spouse is supporting children and cannot work;
- One spouse cannot cover the bills, but the other spouse can
Temporary alimony (spousal support) is not generally ordered in cases where both parties can support themselves and cover the bills during divorce,
Outline of Our Page on Temporary Spousal Support:
Part 1: Why we provide information on temporary spousal support
Part 2: What does the judge take into account when deciding on alimony during a pending divorce?
Part 3: Tell your lawyer about your temporary support factors here
Part 4: Exhibit for hearing to remind the court (or your spouse during negotiation) the factors that may be considered
Part 5: Collecting information for evidence in court regarding your bills, and take home pay (Which is the most important factor in determining spousal support during pending divorce)
Part 1: Why We Are Telling You About Temporary Support
Temporary spousal support is alimony that is paid by one spouse to the other during a pending divorce case, to assist the other spouse financially until the divorce is over.
We at Cook & Cook advocate for the amicable, agreed divorce. In Texas, you can agree to have an arrangement where one spouse is paying the other temporary support, to help him/her get back on his feet during the divorce case.
When working with your spouse on the type of agreement you can come to, it is helpful to be empowered with information. What would the court consider when deciding on whether to award temporary support, if you were to bring this issue to a hearing?
The purpose of this page is not to inspire you to fight with your spouse about temporary support. Rather, approach things the way the court would. Simply, what are the monthly bills, and how can both parties’ resources be allocated so that for the several coming months, those bills will be met.
Part 2: The Factors
12 Things the Judge May Consider When Deciding on Temporary Alimony in Texas:
|Length of Marriage|
|Ability of seeking spouse to pay for herself/himself|
|Lifestyle of the parties during the marriage, and past financial arrangements|
|Availability of funds from which temporary support can be paid|
|Whether the spouse seeking support is unemployed|
|Availability of funds after paying child support|
|What effort seeking spouse has made to seek employment|
|The financial obligations on the paying spouse for things that directly benefit the seeking spouse|
|The pattern established of paying bills of the parties in the past|
|Any fault alleged in the breakup of the marriage|
|The proven financial needs of the requesting spouse and the extent to which the requesting spouse lacks sufficient means to meet this needs.|
|Any history or pattern of family violence|
Part 3: Tell Your Lawyer About Your Case
To efficiently communicate with your lawyer regarding your temporary spousal support factors, please submit this form.
Part 4: Use This Exhibit to Remind Spouse, Mediator, Judge or Counsel About the Factors
During a hearing for temporary spousal support, this chart can be used as a demonstrative exhibit. The lawyer can check boxes and make notes as evidence comes up that is applicable to either spouse. This can be used in closing argument, or if approached properly, may be admitted as evidence.
Part 5: Evidence Regarding Bills and Take Home Pay
This download can be used to enter evidence as to monthly bills of the person seeking support.
Download word version of temporary spousal support exhibit:
Temporary spousal support and spousal maintenance are different. Temporary support is what is paid during the pending divorce case to help the other spouse for a short period of time. Spousal maintenance is payments that one spouse makes to the other for several years after the divorce case is over. Read more about spousal maintenance law here.
Megan Victoria Cook
Texas Divorce Lawyer & Managing Partner of Cook & Cook
I would be honored to talk to you about your divorce needs in Texas. My telephone consultations are free. Call today (210) 271-2800. I serve couples going through amicable divorce cases across Texas.
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