Spousal Maintenance in Texas: What Creditors Need to Know
For over 25 years, I represented debtors in consumer bankruptcy cases, filing over 4,000 Chapter 7 and Chapter 13 cases. Now, as an attorney representing creditors in Texas, I frequently encounter issues related to spousal maintenance during divorce proceedings. Understanding how spousal maintenance works is essential for creditors looking to recover debts from Texas debtors, especially when post-divorce financial obligations may impact a debtor’s ability to pay.
What Is Spousal Maintenance?
In Texas, the term “alimony” is not commonly used in divorce cases. Instead, the state refers to post-divorce payments as “spousal maintenance.” This refers to payments one spouse may be obligated to pay to the other following a divorce. Spousal maintenance is court-ordered and enforced by a judge who determines the amount and duration of payments.
Spousal maintenance is often compared to rehabilitative alimony in other states, as its main goal is to help the spouse receiving it become financially self-sufficient. It is not intended as a long-term source of support but rather a temporary measure while the receiving spouse gains the education or employment needed to support themselves.
Eligibility for Spousal Maintenance
In Texas, eligibility for spousal maintenance is limited and is based on specific criteria defined by the Texas Family Code. The requirements for spousal maintenance eligibility are as follows:
- Length of Marriage: The marriage must have lasted for at least 10 years, and one spouse must lack sufficient property to meet their minimum reasonable needs. Additionally, the spouse must have made a diligent effort to earn sufficient income or develop the necessary skills during the divorce proceedings.
- Physical or Mental Disability: If a spouse is physically or mentally disabled and unable to support themselves, they may be eligible for spousal maintenance.
- Caregiver to a Disabled Child: If one spouse is unable to work outside the home because they need to care for a child from the marriage who has a physical or mental disability, they may qualify for spousal maintenance.
- Lack of Earning Capacity: If a spouse lacks the earning capacity to support themselves, they may be eligible for maintenance.
- Family Violence: If one spouse committed family violence during the marriage, the other spouse may be eligible for spousal maintenance.
Duration and Amount of Spousal Maintenance
Spousal maintenance in Texas is limited both in duration and in the amount that can be paid. The payments are generally intended to last for a period that allows the receiving spouse to become financially self-sufficient, typically through education or employment. However, Texas courts are guided by the principle of “community property,” meaning all marital property is divided in a “just and right” manner during a divorce. This ensures that both spouses receive a fair share of the marital assets, which may reduce the need for ongoing spousal maintenance in many cases.
Implications for Creditors
For creditors seeking to recover debts from Texas debtors, it is important to consider the potential impact of spousal maintenance. A debtor’s obligation to pay spousal maintenance can affect their disposable income and ability to repay other debts. Spousal maintenance may create an additional financial burden that must be considered when evaluating a debtor’s capacity to repay obligations.
As a creditor’s attorney, it’s essential to understand how spousal maintenance may influence a debtor’s overall financial situation. If a debtor is required to pay spousal maintenance, it can impact their disposable income and ability to settle outstanding debts, especially in cases where maintenance payments are substantial or long-term.
