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Can a divorce decree replace 'alimony' with 'spousal maintenance'?

Can a divorce decree replace 'alimony' with 'spousal maintenance'?

Full question:

Alimony vs. Spousal Maintenance: If the marital settlement agreement calls for "Alimony", can the Divorce Decree ignore the term "Alimony" and substitute "Spousal Maintenance"?

Category: Divorce
Subcategory: Spousal Support
Date: 04/07/2025
State: Texas

Answer:

In Texas, "maintenance" refers to periodic payments made from one spouse to support the other during a divorce, annulment, or suit to declare a marriage void (Texas Family Code § 3.9601). Although "alimony" is commonly used, it is effectively referred to as "spousal maintenance" in Texas law.

Spousal maintenance is awarded under two specific circumstances: first, if a spouse has been married for at least ten years and cannot meet their minimum needs; second, if one spouse is a victim of family abuse, with the abuser convicted of family violence during the divorce process. Meeting both conditions is not necessary.

Typically, spousal maintenance is limited to three years, though exceptions exist for individuals with physical or mental disabilities. The amount awarded cannot exceed twenty percent of the paying spouse's average income or $2,500, whichever is less.

Texas law also includes public policy considerations, allowing courts to review marital misconduct, such as adultery. A court may penalize a spouse for infidelity even if they qualify for maintenance. Additionally, the obligation to pay spousal maintenance ends if the recipient remarries or lives with another person in a conjugal relationship.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How much alimony does a wife get in the USA?

The amount of alimony a wife may receive varies widely based on factors like the length of the marriage, the financial situation of both spouses, and state laws. In general, courts consider the recipient's needs and the paying spouse's ability to pay. There is no fixed amount, but in some states, spousal maintenance can be limited to a percentage of the paying spouse's income or a set maximum amount. It's advisable to consult a local attorney for specific guidance based on individual circumstances.

Is separate maintenance the same as alimony?

Separate maintenance is similar to alimony but typically applies when spouses are living apart without a formal divorce. It provides financial support to one spouse while they are separated. Alimony, on the other hand, is awarded after a divorce is finalized. Both terms refer to payments made to support a spouse, but the context and legal implications can differ based on state laws.

Is a divorce settlement considered alimony?

A divorce settlement may include alimony, but it is not synonymous with it. A divorce settlement is a comprehensive agreement that resolves all financial and property issues between spouses. Alimony specifically refers to the ongoing payments made from one spouse to another for support after the divorce. Whether alimony is included in a divorce settlement depends on the terms negotiated by the parties involved.

What is the difference between spousal maintenance and alimony?

In many states, 'spousal maintenance' and 'alimony' are used interchangeably, both referring to financial support paid from one spouse to another. However, 'spousal maintenance' is a term often used in legal contexts, while 'alimony' is more commonly used in everyday language. The specific definitions and rules governing these payments can vary by state, so it's important to understand local laws.

At what point can you get alimony?

Alimony can typically be requested during divorce proceedings or after a divorce is finalized. The eligibility for alimony depends on various factors, including the length of the marriage, the financial needs of the requesting spouse, and the ability of the other spouse to pay. Some states allow temporary alimony during the divorce process, while others address it only in the final settlement.

What qualifies a spouse for alimony in the USA?

Qualifying for alimony generally depends on several factors, including the length of the marriage, the financial needs of the requesting spouse, and the ability of the other spouse to pay. Additionally, circumstances like a spouse's age, health, and contributions to the marriage (such as homemaking) can influence eligibility. Each state has its own criteria, so it's essential to consult local laws or an attorney for specific guidance.