What’s the Difference Between Alimony vs Spousal Support

Texas couples must consider the division of assets and the role of financial support after divorce. Although it is common to use the terms alimony and spousal support interchangeably, there are significant differences between the two under Texas law. Knowing the difference is imperative if you and a spouse or common-law partner choose to end your relationship.

While divorce is an emotional process, there are legal aspects to consider. Working with the Pearland divorce attorneys at Terry & Roberts provides the tools to prepare for your financial future. Below, we look at the differences between alimony vs spousal support in Texas. Considering all the options available to you is the first step in preparing for the next phase of your life.

How Alimony Differs From Spousal Support in Texas

Texas couples have a choice in the conditions of financial support when ending their relationship. However, most assume these decisions are in the court’s hands. A significant difference between alimony and spousal support in Texas is that spousal support is a court-ordered agreement.

Couples may agree to a contractual alimony to have more control over the terms of spousal support and to benefit from its advantages.

There are also cons to alimony that each partner should consider as well. Legal guidance from a Pearland divorce attorney can help you gain a clearer perspective on the most beneficial alternative.

How Spousal Support Works in Texas

Texas views spousal support as temporary financial assistance for either partner in a divorce. Spousal support is not guaranteed. Texas courts view the division of assets as providing the support each spouse requires after divorce.

Temporary spousal support orders provide financial assistance during the divorce process. Awarding spousal support, known as maintenance, may occur when one spouse lacks separate or sufficient property after dissolving the marriage. Determining spousal support or maintenance awards is part of Texas Family Code Sec. 8.052. Factors in awarding spousal maintenance include:

• The duration of the marriage or common-law marriage
• The resources and earning capacity of each partner
• Financial and non-financial contributions to the running of the household
• Age, physical, and emotional health of each partner
• History of family violence, adultery, cruel treatment, or marital misconduct

A spouse has legal backing to enforce a spousal support or maintenance order if the other spouse stops paying. This legal right can provide more financial confidence throughout the divorce process.

Contractual Alimony in a Texas Divorce

Couples may choose contractual alimony for multiple reasons. One common reason is to maintain more control over the division of assets. Many divorcing couples in Texas may also consider contractual alimony for flexibility in property settlements.

Contractual alimony may also help a spouse maintain a standard of living after a high net-worth divorce in Texas.  Limiting alimony based on the same factors that determine spousal support is not required. The couple agrees upon the duration and amount of alimony payments. It is vital to be specific about the terms of alimony in a Texas divorce to ensure both partners understand their legal requirements.

Changes to the tax benefits of paying spousal support or alimony no longer offer the same beneficial breaks that were previously available. However, property taxes and other considerations related to the division of assets and contractual alimony are still worth evaluating for your financial future. Ultimately, any couple choosing to maintain more control over their assets in a divorce may opt for contractual alimony.

The Cons of Alimony vs Court-Ordered Spousal Support in Texas Family Law

Texas statutory requirements for spousal support apply to all divorces in Texas. The courts can only enforce contractual alimony to the extent allowed by the law. These statutes are significant in determining the amount of financial assistance and the time frames for an alimony agreement.

For example, a spouse may agree to a specific amount of financial support for 25 years. The spouse receiving support has no legal recourse under the Texas Family Code to hold the non-paying spouse in contempt of court after 10 years, the maximum enforceable duration of spousal support in Texas, should a spouse cease paying alimony. Additionally, the courts base the maximum length of spousal support on the duration of the marriage.

Filing a lawsuit is necessary to enforce a contractual alimony agreement beyond Texas statutes.

It is essential to discuss any alimony agreement outside of court-ordered spousal support agreements. The dissolution of marriage in Texas may be due to breaches of trust or financial abuse. Working with a Pearland divorce attorney who looks out for your best interests can help you navigate your options. This includes securing the best financial resources after a Texas divorce.

Alimony for Common Law Couples in Texas

Texas recognizes common law marriage. Statutes define the evidence required to prove common law marriage in Texas. Partners in common law marriages have the same rights as couples with a marriage license in Texas.

If you can prove you are in a common law marriage in Texas, you are eligible for consideration of spousal support under the law. You may also agree to contractual alimony terms to seek more control over assets when the relationship ends. It is up to you to provide evidence that a marriage exists.

One way to prove common law marriage is by registering the relationship with a declaration in your county. This step is unnecessary, but it can make it easier to prove a common law marriage when seeking spousal support or dividing assets. Other documents that prove a marriage relationship exists include:

• Joint bank account statements
• Lease agreements
• Tax returns
• Witness testimony

You have two years from the date of dissolving the relationship to take action against a partner. Because disputing this date is possible without a marriage license or registration, it is always beneficial to speak with a Pearland divorce attorney as soon as possible. The divorce attorneys in Texas at Terry & Roberts can help you document a common-law marriage and seek spousal support. Our team can also offer guidance on contractual alimony agreements for common law couples in Texas.

Answers to Texas Alimony vs Spousal Support Questions

Divorce is complex, and the choices you make in the legal process impact your financial future significantly. The Pearland divorce attorneys at Terry & Roberts have offices in Pearland and Angleton, TX, where they can serve you. Contact us today.