Spousal support in Texas for 2022
You may have a more difficult time qualifying than you think.
Spousal Maintenance Texas Family Code - Here is a Breakdown.
Support will only be awarded if the requesting spouse did not have enough property at the time of the divorce to meet basic needs, and one of the following circumstances exists:
- the supporting spouse was convicted of an act of family violence against the other spouse or the couple's children within two years of the divorce filing, or while the divorce is pending
- the spouse seeking maintenance is unable to earn enough income to be self-supporting due to an incapacitating physical or mental disability
- the couple has been married for at least ten years, and the dependent spouse lacks the ability to earn income to meet basic needs, or
- the supported spouse is a custodial parent of a child who requires substantial care or personal supervision due to a mental or physical disability that prevents the parent from working and earning an income. (Texas Family Code Ann. § 8.051.)
In Texas, spousal maintenance was designed to support a woman in her 60/70 who hasn't worked her whole life, or a stay-at-home mother who aspires to do more and needs her rent and car payment covered while her plan to enter the workforce is implemented.
You must prove to the court in a Texas divorce that you are unable to meet your minimum reasonable needs post-divorce if you want spousal maintenance.
Maintaining your current standard of living is not permissible under the statute. In general, minimum reasonable needs include a roof over your head, a car, gas in your car, and food on the table. It doesn't mean sending the kids to a private school, eating at your favorite restaurants, or taking annual vacations.
Is spousal maintenance taxed?
Spousal support payments are generally taxable income for the person receiving the support, and deductible for the person paying it.
The 2017 Tax Cuts and Jobs Act significantly impacts spousal maintenance. Before January 1, 2019, paying spouses could deduct maintenance payments from their income, and supported spouses reported and paid taxes on the income.
Find out if you can use this income for loan purposes, and talk to the experts! Then Apply today.
However, for all alimony agreements and/or court orders finalized on or after January 1, 2019,
Maintenance payments are no longer considered income for the recipient or a tax deduction for the paying spouse.
While we are not Family Law attorneys, we work with them every day and can connect you with an attorney who is right for you. Get in-depth answers at our Divorce Seminars or check out our online Divorce Seminars
Qualifying for Spousal Maintenance in Texas read more here. (Tex. Fam. Code Ann. § 8.053.