Once a court determines that a spouse is eligible to receive maintenance in a divorce case, it must then analyze all relevant factors to determine the nature, amount, duration, and manner of the periodic payments. One of those factors includes the spouse’s ability to provide for his or her “minimum reasonable needs” independently, considering his … Continue Reading
Because post-divorce alimony is very limited in Texas, the reality is that most circumstances will require both spouses to work after the divorce.… Continue Reading
How to determine whether payment of money to a spouse post-divorce qualifies as alimony under Internal Revenue Code §71 for tax-deduction purposes - Part 2… Continue Reading
How to determine whether payment of money to a spouse post-divorce qualifies as alimony under Internal Revenue Code §71 for tax-deduction purposes....… Continue Reading
How much can an award of maintenance be in Texas? How long can it last? What happens for nonpayment? The duration of a maintenance order is determined by the length of the marriage.… Continue Reading
Who is eligible for “maintenance” in Texas? Determining eligibility for an award of maintenance in Texas begins with evaluating whether the spouse seeking maintenance will lack sufficient property after the divorce to provide for his or her minimum reasonable needs. If so, then a spouse can be awarded alimony/maintenance under the Texas Family Code only if … Continue Reading
Where did “maintenance” in Texas come from? Is it the same thing as “alimony”? Traditionally, Texas law did not favor awards of alimony and the Texas Constitution specifically prohibited it. In 1967, the Texas Supreme Court distinguished between court-ordered alimony and agreements between spouses upon divorce to pay alimony, allowing agreements to stand even where a … Continue Reading
