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:
- State: Texas
Answer:
"Maintenance" means an award in a divorce, annulment, or suit to declare a
marriage void of periodic payments from the future income of one spouse
for the support of the other spouse. Texas Family Code § 3.9601.
“Alimony” is, in effect, called “spousal maintenance” in Texas.
Spousal maintenance is awarded in two limited scenarios. The first involves a
spouse who has been married for at least ten (10) years and is otherwise
unable to provide for their minimum needs. The latter requirement is a fairly
technical matter to be proven and rests within the discretion of the court to
believe such proof or not accept it. The second involves victims of family
abuse whose spouse was convicted of the family violence within the filing of
the divorce. One need not meet both requirements.
In most cases the award of benefits is limited to three years. Exceptions
exist for persons suffering from incapacitating physical or mental disabilities.
The amount awarded is limited to the lesser of twenty (20%) percent of the
paying spouse's average income, or $2500 -- whichever is less.
The statute itself has some interesting public policy conflicts in it which may
leave it open to challenge. Many people question the wisdom of limiting the
award to marriage of at least years in duration. Some people have argued it
is hard to see how an arbitrarily placed time frame promotes a just result,
while others point out we routinely use harsh time limits in the law
throughout the entire body of the law. Others point to the potentially
unrealistic obligation a person be convicted of family violence when many
sociological studies reflect most family violence is never reported, much less
prosecuted, by the very psychological and dysfunctional nature of family
violence.
The law also has clear cut public policy contained within it and the promotion
of the legislature's view of morality. In deciding whether such is an
appropriate remedy, the court is authorized to review marital misconduct.
Adultery and infidelity is certainly marital misconduct. (Oddly, however, the
statute does not address the infidelity of the paying spouse.) As such, a
court may punish an adulterous spouse even if the spouse meets the other
requirements. Additionally, the obligation to pay the awarded alimony
terminates if the receiving party not only remarries, but also lives with
another person in a conjugal relationship outside of marriage (i.e. "shacks
up").
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.
