Spousal support is a type of alimony, which is one partner providing the supported spouse with money or goods in order to maintain their well-being after separation or divorce. Texas has many laws to protect the rights of divorced spouses, including an equitable division of assets and debts. If you are considering filing for spousal support in Texas, there is good news and bad news.
The good news is that the law in Texas allows for spousal support to be paid by one spouse to another until their death. The bad news is that the court will not administer any spousal support payments if the two parties have an agreement that they are not able to enforce. Therefore, you better speak to attorneys at the Law Offices of Tad Nelson & Associates about the scope of spousal support in your case.
There are three mains in which Texas’s spousal support or alimony is distributed. Let us see into those three spousal alimony distribution systems.
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Lump-Sum Payment
There are many different reasons for paying spousal support in one lump sum. The desire for financial independence, the need for tax deductions, and the need to protect assets are among them. Whatever the reason may be, understanding the laws that govern this type of agreement is imperative before moving forward with negotiations. An agreement that exists under Section 11.061 of the Texas Family Code requires you to obtain a court order agreeing to the terms of your payment plan before proceeding.
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Property Transfer
Texas law provides for spousal maintenance in many situations, and one way to receive this is through a property transfer. If you’re considering filing for divorce and you want to transfer property to your spouse in order to pay them spousal maintenance, then you should get help from an attorney to do so. You should also be aware that not every situation qualifies for property to be transferred.
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Periodic Monthly Payments
Spousal alimony in Texas is awarded in periodic monthly payments to the lower-earning spouse. Court orders for spousal maintenance are generally calculated using a formula based on incomes and expenses. The spouse with the higher income pays to the other one-third of their income, while the spouse with the lesser salary pays one-half their income. Texas law states that any payments received by a spouse in the form of spousal support are not considered income. As a result, periodic monthly payments for spousal alimony in Texas are not taxable to the recipient spouse, which is great news for those required to make such payments.
