Published by Ben Beveridge | November 5, 2023 | Firm News
Introduction:
Welcome to an insightful Q&A session about alimony in Texas, where we’ll explore the unique considerations and concerns that husbands, who are often the primary breadwinners in their families, may face. In this engaging conversation with Ben Beveridge, a seasoned family law attorney, we’ll address the key questions and important insights that can guide you through this complex legal terrain. Remember, every case is unique, so it’s crucial to seek professional advice tailored to your specific situation. You can reach us at 281-407-0961 or visit our website here for personalized assistance.
Q1: Can you explain the difference between contractual alimony and court-ordered spousal maintenance in Texas?
Ben Beveridge (BB): Certainly. In Texas, these are the two primary forms of financial support paid to a spouse after divorce. Contractual alimony results from agreements between spouses during divorce proceedings. It offers flexibility, allowing spouses to set the payment amount, duration, and even consider permanent alimony. In contrast, court-ordered spousal maintenance is less common and, as the name suggests, mandated by the court. The court will assess eligibility based on factors like the marriage duration, financial need, and other circumstances.
Q2: Who qualifies for court-ordered spousal maintenance, and what are the limitations?
BB: To be eligible for court-ordered spousal maintenance, certain criteria must be met. This includes proving your spouse won’t have sufficient property to cover their reasonable needs. Eligibility scenarios might include marriages lasting ten years or more where your spouse can’t find work to meet their needs or situations where they’re the caregiver of a disabled child, making it difficult for them to earn an income. Another scenario is if your spouse has an incapacitating disability acquired during the marriage. Finally, spousal maintenance may be granted if the other spouse was convicted of family violence within two years of divorce proceedings. It’s important to note that there’s a statutory cap on the amount of spousal maintenance.
Q3: How is contractual alimony different from court-ordered spousal maintenance in terms of flexibility?
BB: Contractual alimony offers significant flexibility. In contrast to court-ordered spousal maintenance, where the court sets the terms, spouses can agree on the payment amount, duration, and other specifics. They have more control over the outcome, and in some cases, this can even lead to permanent alimony if both parties are in agreement.
Q4: What options do husbands have if their spouse fails to pay court-ordered spousal maintenance?
BB: If your spouse doesn’t comply with court-ordered spousal maintenance, you have legal avenues to pursue enforcement. The court can use its contempt powers, potentially resulting in fines or even jail time for the non-compliant spouse. They may have defenses, such as an inability to afford the payments or lack of available funds.
Q5: What about husbands dealing with non-compliance in contractual alimony cases?
BB: Enforcing contractual alimony can be more challenging. While courts can enforce contracts through damages or specific performance, their power is limited, and they can’t hold the non-compliant spouse in contempt. In these cases, ensuring successful enforcement may require a different approach and legal strategy.
Q6: Can income withholding be used in both contractual alimony and court-ordered spousal maintenance cases?
BB: Yes, income withholding can be a part of both types of arrangements. In either scenario, the court has the authority to order income to be withheld from the paying spouse’s earnings to ensure timely payments.
Q7: What’s the recent change in tax treatment for contractual alimony in Texas?
BB: The Tax Cuts and Jobs Act of 2017 brought a significant change. Previously, the paying spouse could deduct alimony payments from their taxes, while the receiving spouse was required to declare them as income. Under the new rules, the tax burden shifted, and the paying spouse is now responsible for taxes on alimony payments. The receiving spouse is no longer required to include these payments in their gross income.
In conclusion, understanding alimony in Texas is essential for husbands, particularly those who are primary breadwinners. As the legal landscape can be complex and unique to each case, consulting with an experienced attorney is key. For specific guidance or assistance in Brazoria and Galveston County, don’t hesitate to contact us at 281-407-0961 or visit our website here. We’re here to provide the support and expertise you need during this challenging time.
