What You Need To Know About Spousal Support

In Texas, there are two types of spousal support: temporary and permanent. Temporary spousal support is referred to as “support pendente lite” or just “support.”

Support can be paid in a lump sum, by installments, periodically (monthly), or secured on real estate property depending on a couple’s unique circumstances. Permanent spousal support is referred to as “permanent periodic alimony,” or just “pendente lite.”

Right Of Spouse And Not Debt

When a couple of divorces, the court usually decides how to divvy up the marital assets and debts. However, when it comes to spousal support, few courts decide these issues at all. In fact, Texas law states that spousal support is the right of a spouse, not a debt to be paid.

House Bill 4

In 2010, Governor Rick Perry signed House Bill 4 into law, resulting in several changes to how spousal support is handled. These changes helped decrease court dockets and increase efficiency for those going through a divorce or those petitioning for modification of an existing spousal support order.

House Bill 4 included the following changes:

Courts can no longer act on motions for temporary spousal support, which speeds up the process of divorce by removing this potentially lengthy part of the case. Instead, courts can handle all requests for spousal support simultaneously, during hearings concerning both spousal support and property division.

However, if the court decides there is good cause for temporary spousal support, it can order one spouse to pay spousal support while the divorce is pending. The court cannot enter final orders regarding spousal support until after the divorce becomes final. If the court determines that each person should reasonably provide for his or her own needs and the needs of any children, child support will be ordered instead.

Complex Divorce Issue

Because the issue of support can be a complex issue, it is always advised that you speak to an experienced divorce attorney who is familiar with Spousal Support and help guide you through the process to ensure that you understand your rights and obligations. Contact Bourlon Law Firm to learn more about how we may be able to help you.