Do You Need Alimony Or Post-Marital Maintenance? We Can Help.
In Texas divorces, there are often a number of questions and misconceptions about alimony versus post-marital maintenance when it comes to spousal support.
What Is Alimony?
Alimony can be considered a tax planning device that is provided for in the IRS tax code. Spouses can agree to pay post-divorce support that terminates on the death of the receiving party. Parties can agree to terminate alimony at any time, but the idea is to provide an ongoing means of support for a non-earning spouse that is taxable for the receiving party and deductible for the wage earner. Each side receives a tax benefit.
This may be of particular interest in divorces when much value may be tied up in a company or in situations where other assets that may not allow one party to meet minimum reasonable living expenses. Couples can then account for this asset by paying out over time in alimony.
What Is Post-Marital Maintenance?
Post-marital maintenance can be established if parties meet certain requirements. If parties are married for at least 10 years, they can set up “stair steps” to gradually taper off the alimony. Because there are also maximums that can be ordered that are restricted, courts tend to be fairly reluctant to order them. The key benefit is that post-marital maintenance, unlike alimony, cannot be enforced by contempt.
In summary, alimony is contractual, post-marital maintenance is a court order incident to your divorce.
North Houston Alimony And Spousal Support Lawyers
As one of the most celebrated family law firms in Texas, we at The Haston Law Firm, P.C., are able to help clarify any questions you have about spousal support. From there, we can bring our experience to work toward a resolution that ideally serves you in the long run.
To schedule a consultation to discuss Texas post-divorce maintenance with an alimony and post-marital maintenance attorney in Houston, contact Craig Haston by calling 281-653-7748 or 866-470-4816. You may also contact us online.