"How am I going to pay my bills?" is a question we get quite often at the beginning of a divorce. "Can I get alimony?" often follows. As with all legal questions, it depends. There is no alimony in the Texas Family Code. There is temporary spousal support and Spousal Maintenance. While support and maintenance sound similar, each has its own unique rules and requirements. 

       A court may render temporary orders that can include the support of either spouse under Chapter 6 of the Texas Family Code.  These temporary orders are meant to maintain the status quo of the parties and protect the community estate. With that in mind, a Court may render orders for the payment of temporary spousal support to one spouse. The court will consider the "reasonable minimum needs" of the parties in determining the amount of temporary support. Courts are very free to think outside the box in a temporary orders hearing. A court may order a party to pay the parties' bills including rent or a mortgage instead of spousal support. Each marriage and relationship is different and requires a close look at the facts before a court can decide what is best for temporary orders.

       Spousal Maintenance is determined by Chapter 8 of the Texas Family Code. The court can only consider Spousal Support if the spouse seeking maintenance will lack sufficient property, including the spouse's separate property, on dissolution of the marriage to provide for the spouse's minimum reasonable needs. So, a spouse is getting a large payout from the sale of a home or the division of a retirement account; a Court is unlikely to award spousal maintenance. However, if a spouse can prove they have insufficient property, he or she must also prove at least one other factor. The most common factor is the spouse seeking maintenance has been married to the other spouse for 10 years or longer and lacks the ability to earn sufficient income to provide for the spouse's minimum reasonable needs. The Court will consider the spouse's education, employment history, and even "contributions as a homemaker" in determine Chapter 8 spousal maintenance. Further, there are time limits and caps on the amount that can be paid. Most importantly, the Texas Family Code presumes that a spouse does not need spousal maintenance. That is why it is so important to have a knowledgeable family law attorney on your side. As always, contact us at 817-338-4500 or Cotten Schmidt for your family law consultation.