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
alimony in Texas
Texas divorce FAQ: Will my spouse be required to return to work?
By Michelle O'Neil on
Posted in Divorce
Because post-divorce alimony is very limited in Texas, the reality is that most circumstances will require both spouses to work after the divorce.…
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Temporary Spousal Support
By Michelle O'Neil on
Posted in Alimony and Spousal Support
Temporary spousal support is different than post-divorce spousal support.…
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Eight Simple Rules for Tax-Deductible Alimony – Rules 3-5
By Michelle O'Neil on
Posted in Alimony and Spousal Support
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…
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Eight Simple Rules for Tax-Deductible Alimony – Rules 0 – 2
By Michelle O'Neil on
Posted in Alimony and Spousal Support
How to determine whether payment of money to a spouse post-divorce qualifies as alimony under Internal Revenue Code §71 for tax-deduction purposes….…
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Maintenance in Texas – Part 3: Amount, Duration, and Enforcement
By Michelle O'Neil on
Posted in Alimony and Spousal Support
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.…
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Maintenance in Texas – Part 2: Eligibility
By Michelle O'Neil on
Posted in Alimony and Spousal Support
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 …
Maintenance in Texas – Part 1: History
By Michelle O'Neil on
Posted in Alimony and Spousal Support
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…
Reasonable Expectations Set the Stage for Success
By Michelle O'Neil on
Posted in Alimony and Spousal Support
A perfectly reasonable result may be perceived as a total failure if the client’s expectations were unrealistic from the start.…
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