| This article provides a brief overview on
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| | tool. Since alimony is generally taxable
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| Texas law concerning post-divorce alimony
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| | to the receiving party and deductible to
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| in Texas. Laws differ from state to
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| | the paying party it can be often
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| state and individual circumstances vary,
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| | structured so that it is advantageous to
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| so you should consult with a qualified
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| | both parties.For example, a party in a
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| family law attorney in your area for
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| | high tax bracket can agree to make
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| specific advice on your particular
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| | monthly alimony payments in exchange for
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| situation. Additionally, this article
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| | a more favorable property division. If
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| deals only with post-divorce alimony. It
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| | the receiving party is in a lower tax
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| does not address temporary alimony, which
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| | bracket, the overall income tax paid
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| is provided for under a different
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| | could be significantly lower than what it
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| provision of the Texas Family Code.
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| | would be otherwise. Another factor to
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| Two Kinds of Alimony: Contractual and
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| | consider is how rarely Texas trial courts
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| Court Ordered maintenanceThere are two
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| | order maintenance, absent an agreement.
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| kinds of post-divorce alimony in Texas:
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| | The statute allows for maintenance only
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| contractual alimony and court ordered
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| | when the specific statutory circumstances
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| maintenance. The Texas Family Code also
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| | have been proven. There are several
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| provides authority for the court to order
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| | appellate cases that have reversed trial
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| temporary alimony which occurs while a
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| | court decisions ordering maintenance when
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| divorce is pending. However, temporary
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| | the requesting party did not provide
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| alimony is outside the scope of this
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| | sufficient proof that the standard had
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| article and will not be
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| | been met. In cases where there is a
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| addressed.Contractual AlimonyContractual
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| | large amount of community property, one
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| alimony is based on an agreement between
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| | of the most effective arguments in
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| the parties in their divorce decree. For
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| | attempting to defeat a maintenance claim
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| tax purposes, contractual alimony is
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| | is that the requesting party will have
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| normally deemed income to the receiving
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| | ample resources to provide for their
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| party and is deductible from the income
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| | needs since the party will receive a
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| of the paying party. Since contractual
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| | significant amount of assets from the
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| alimony must be based on an agreement of
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| | division of property.Another common
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| the parties, there are no limits to the
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| | argument used to defeat a maintenance
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| possible amount or duration of the
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| | claim is that, during the pendency of the
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| alimony. Court Ordered Maintenance Court
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| | divorce, the requesting party has not
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| ordered maintenance is provided for by
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| | made significant attempts to either
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| Texas Family Code Chapter Eight.
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| | obtain employment or obtain training that
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| Although actually awarded in only a small
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| | would allow the party to obtain
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| percentage of Texas divorces, the court
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| | employment. As an example, lets take a
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| has the right to order one spouse to pay
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| | divorce case where the wife is requesting
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| the other post-divorce maintenance in
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| | maintenance on the grounds that the
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| either of two circumstances:1. The payor
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| | marriage is longer than ten years and
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| spouse either received deferred
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| | that she lacks the earning ability to
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| adjudication or was convicted of a crime
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| | meet her minimum reasonable needs. If
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| constituting family violence within two
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| | the case has been pending for several
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| years of the filing of the divorce case,
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| | months and at the time of
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| or2. The parties have been married at
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| | trial she has still made no effort to
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| least ten years and the receiving spouse
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| | obtain employment or improve her job
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| has some kind of financial limitation
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| | skills, it will be a difficult claim to
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| (disability, unable to work because
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| | succeed upon. The court is unlikely to
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| caring for the party's child, or lacks
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| | find that she is "unable" to meet her
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| earning ability to meet minimum
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| | reasonable minimum needs and more likely
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| reasonable needs).The monthly amount of
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| | to believe that she is unwilling to take
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| court ordered maintenance is capped at
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| | the necessary steps in order to provide
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| the lesser of: a) $2,500 or b) 20% of the
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| | for her own support.ConclusionAlimony in
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| monthly payor's gross income.The maximum
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| | Texas, while rarely ordered, is an
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| duration of court ordered maintenance is
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| | important and complicated issue. It can
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| three years. The only exception is when
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| | be used as an effective settlement tool
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| maintenance is ordered as the result of a
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| | and can potentially be a significant
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| disability, in which case the duration
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| | trial issue. For someone involved in a
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| can potentially extend indefinitely.
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| | Texas divorce case with a potential
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| ConsiderationsWhere there is a large
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| | alimony issue, the issue should be
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| disparity in incomes alimony can
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| | discussed in detail with an experienced
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| sometimes be used as a useful settlement
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| | divorce lawyer.
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