For a stay-at-home mom, the thought of life after divorce can be overwhelming. You may be worried about ow to support yourself and your children financially, especially if you have been a homemaker for a while. One question that often arises when considering the financial implications of divorce is whether alimony is available.
The short answer is: it depends. Alimony, called spousal maintenance in Texas, is subject to a number of factors, and it is not guaranteed. There are several things that stay-at-home moms need to know when considering the logistics of their financial situation after divorce.
What is Alimony in Texas?
In Texas, there is no traditional alimony that would last until the death or remarriage of the receiving spouse. Instead, Texas has temporary spousal maintenance to provide financial support to one spouse after a divorce. However, there are strict criteria for whom spousal maintenance is available to and for how long.
Eligibility for Spousal Maintenance
In Texas, spousal maintenance is not automatically awarded to one party upon divorce. Instead, the spouse seeking maintenance must show that they will lack sufficient property to provide for their minimum reasonable needs after divorce. In addition to that requirement, there are specific conditions under which maintenance can be awarded, including:
1. Marriage Duration
If your marriage lasted 10 years or longer, you are eligible for spousal maintenance if you lack the ability to earn sufficient income to provide for your minimum reasonable needs. To qualify, the court must find that you lack the ability to support yourself through employment or other means.
2. Domestic Violence
You are eligible for spousal maintenance if your spouse was convicted of domestic violence against you or your children within two years of filing for divorce.
3. Disability
You are eligible for spousal maintenance if you have an incapacitating disability or are the primary caregiver of a child with an incapacitating disability that prevents you from working.
Will the Court Consider My Role as a Stay-at-Home Mom?
There are several factors that courts consider when determining financial need, and judges understand that individuals who have been out of the workforce for an extended period of time to raise children may have limited job skills or work experience. That being said, the court will also look at:
- Whether you have the training and education to support yourself through employment or, if you don’t, the time necessary to obtain it and the availability of it
- Your age and health
- The age and health of your children
- Any steps taken to support yourself independently, such as obtaining a job
- Your ability to provide for your minimum reasonable needs independently, considering your financial resources on dissolution of the marriage
- The effect of paying spousal maintenance and child support on your spouse
- Excessive or abnormal expenditures or destruction, concealment, or fraud by either spouse
- The contribution by one spouse to the education, training, or increased earning power of the other spouse
- The property brought to the marriage by either spouse
- The contribution of a spouse as homemaker
- Marital misconduct by either spouse
- Any history or pattern of family violence
If you’ve been out of the workforce for years and your children are still young or require special care, it is more likely that the court will recognize your need for financial support during the transition to supporting yourself after divorce. Be prepared to explain and demonstrate your need for support, including documenting your financial needs, how long you’ve been out of the workforce, and how you contribute to the household.
How Much Spousal Maintenance Will I Receive?
There is a limit on the amount of spousal maintenance in Texas, and there are also limits to the duration of the payments which correspond to the length of the marriage. However, judges have broad discretion to award spousal maintenance, and just because you are eligible, your judge may not award the full amount or the full duration available to you.
- The amount of spousal maintenance cannot exceed $5,000 per month or 20 percent of your spouse’s gross monthly income, whichever is less.
- If your marriage lasted 10 to 20 years, maintenance can be ordered for up to five years.
- If your marriage lasted 20 to 30 years, maintenance can be ordered for up to seven years.
- If your marriage lasted 30 years or more, maintenance can be ordered for up to 10 years.
What If I Don’t Qualify?
Not everyone qualifies for spousal maintenance in Texas, and even those who do are not always awarded maintenance by the court, depending on how conservative your judge is in awarding such relief. If you don’t meet the criteria, you can still plan ahead and consider taking additional steps for financial independence.
- Job Training or Education: Consider going back to school or taking training courses to improve your skills and employability.
- Part-Time Work: Look for part-time or other flexible jobs that can fit around your parental responsibilities.
- Child Support: It is likely that your spouse will be ordered to pay child support as long as you are the primary custodian for your child, and even in some cases where the recipient is not the primary caregiver.
Conclusion
Being a stay-at-home mom won’t automatically guarantee spousal support in Texas, but it can significantly boost your case if you meet the necessary criteria. Whether you will receive maintenance depends primarily on the length of your marriage and your financial needs.
If you are facing divorce as a stay-at-home mom, it can be helpful to work with a divorce attorney who can help you understand your rights, present your case effectively, and ensure that your financial concerns are addressed during the divorce process.