Can a Stay-at-Home Parent Receive Alimony in a Texas Divorce?

 Posted on February 07, 2023 in Divorce

Stay-at-home parents play an important role in raising children and managing a household. However, a parent who has not worked outside the home for an extended period of time or who has foregone career opportunities in order to focus on household responsibilities may be concerned about what will happen in the event of divorce. In these cases, a parent may worry that they will be unable to continue staying at home to provide care for their children, and if they choose to return to work, they may be uncertain about their career prospects and their ability to meet their ongoing needs. Depending on the circumstances of a particular case, a stay-at-home parent may be eligible to receive spousal maintenance (commonly known as alimony).

Types of Alimony in Texas

In Texas, there are two types of alimony that may be available to stay-at-home parents: temporary and permanent spousal maintenance. Temporary maintenance is usually awarded when one spouse needs financial assistance while they wait for the divorce proceedings to be finalized. This type of maintenance typically lasts until the divorce is complete and ceases once it has been finalized. Permanent maintenance will provide long-term financial assistance after the divorce has been finalized.

Permanent alimony will usually only be awarded if specific eligibility requirements have been met. If a couple was married for at least 10 years, and the spouse seeking maintenance does not have the ability to provide for their own financial needs, a court may determine that alimony is appropriate. A person may also be eligible for maintenance if they have been married for less than 10 years, but they have a physical or mental disability that prevents them from working and earning enough to support themselves, their ability to work is limited because they are the primary caretaker of a child with a disability that requires substantial care and supervision, or the other spouse committed acts of domestic violence within two years before the couple's divorce case began.

In cases where a stay-at-home parent does not qualify for permanent maintenance, temporary alimony may provide them with assistance during the divorce process to help ensure that they can become self-supporting. These payments may allow a person to establish independent living arrangements, seek employment, and determine how childcare will be handled while they are working. Depending on the decisions made about child custody and visitation, the parent may also be able to receive child support payments both during and after the divorce process, ensuring that they will be able to cover the costs related to meeting their children's needs. The other parent may also be required to contribute to childcare expenses and other child-related costs.

If a judge decides that a spouse should receive temporary or permanent alimony, they may consider a variety of factors to determine the amount that should be paid and the length of time that payments will be made. These factors may include each spouse’s income and earning capacity, their education and employment skills, their ages, their physical and emotional condition, other issues that may affect their ability to meet their own needs, the length of the marriage, and the property or other financial resources available to each spouse. In some cases, a judge may also consider issues such as infidelity or other types of marital misconduct, contributions that either spouse made to the other's career, and a stay-at-home parent's contributions to the home and family. Ultimately, the decisions made by a judge are meant to ensure that both spouses will be able to maintain their accustomed standard of living after their marriage ends.

Contact Our Hurst Spousal Maintenance Lawyer

While a stay-at-home parent may be able to receive alimony during or after a Texas divorce, the way these issues will be handled will depend on the particular circumstances of a case. It is important for divorcing spouses to understand their rights regarding spousal support so that they can ensure they receive fair treatment during the divorce process. Whether you are a stay-at-home parent or a spouse who is being asked to pay alimony, it is important to receive legal guidance from an experienced divorce attorney. At Daniel R. Bacalis, P.C., our Tarrant County spousal support attorney can help ensure that your best interests will be protected throughout the divorce process. Contact our office today at 817-498-4105 to set up your free consultation.

Source:

https://statutes.capitol.texas.gov/Docs/FA/htm/FA.8.htm