713-333-4430Texas Divorce Law: Can I Get Spousal Support While I Go Back to School?
Facing a divorce is not an easy assignment, especially when you’re also worried about how to support yourself during such a life-changing transition. If you’ve been thinking about returning to school to enhance your career prospects and better equip yourself financially, you may wonder whether you can receive spousal support while in school; you are not alone. It’s actually a common concern and question for many divorcing spouses in Texas who may be looking for a fresh start and a boost to their career path or resume.
The short answer? Yes, in some cases, you can receive spousal support while going back to school. But there are a lot of factors at play when it comes to determining whether you qualify and for how long that support may last. It’s important to take a look at what spousal support, also known in the TX Family Code as “spousal maintenance” is, how it works in Texas, and whether or not, in your circumstances, you’ll be able to secure it while pursuing your educational ambitions.
Boudreaux Hunter & Associates, LLC is a family law firm based in Houston with over 10 years of experience handling divorce, child support, child custody, and spousal support cases across Texas. With our proven track record of satisfied clients, our attorneys are well-equipped to help you.
What is spousal support in Texas?
First things first, in Texas, “spousal maintenance” is the legal term for what many call spousal support or alimony. It refers to money paid by one spouse to the other after their divorce. Note: Not every divorce results in spousal maintenance, and in Texas, it’s typically more difficult to qualify for than in different states. The Texas family code outlines strict criteria for eligibility and limits the amount and the duration of those payments. That being said, spousal maintenance is designed to help the spouse who may have a harder time supporting themselves after the marriage has ended—this could be due to a lack of work experience, the need for education or training, or other extenuating circumstances.
Eligibility Calculator: Spousal Support While Going Back to School
Texas courts don’t automatically grant spousal maintenance to qualify. You’ll need to meet certain legal requirements according to the Texas family code. There are several ways you could qualify for spousal maintenance:
Married for At Least 10 Years: One common pathway to spousal maintenance in Texas is being married for at least 10 years. If you’ve been married for a decade or more and cannot provide for your minimum reasonable needs, you may be eligible for support. Currently, “minimum reasonable needs” are not defined under the Texas Family Code statutes. Thus, this component is up to the judge’s interpretation.
Lack of Earning Ability: For those going back to school, this requirement comes into play greatly if you can prove to the court that you presently do not have the ability to earn sufficient income to meet your basic needs and are seeking education or some sort of training to improve your odds in the job market and earning potential. The court may award you spousal support.
For instance, if you’re going to be a stay-at-home parent or have a limited work history because you supported your spouse’s career during the marriage, the court might recognize that you need some time to reestablish your financial independence. In such cases, spousal support is a temporary bridge while you go back to school and work towards gaining new skills or credentials; the support can fill in the gaps.
Disability or Care of a Disabled Child: Spousal support may also be granted should you have a physical or mental disability preventing you from supporting yourself. Alternatively, if you are the primary caretaker of your child who has a disability that requires you to stay at home, you may also qualify.
Violence: If your spouse has been convicted or has received deferred adjudication for family violence within the past two years of filing for your divorce or during the divorce process itself, you could be eligible for support.
Factors The Court May Weigh When Deciding Spousal Support
Should you meet the basic eligibility criteria, this doesn’t mean you are automatically all set to receive your spousal support. Texas courts will examine a wide variety of aspects when determining whether spousal support is appropriate, including:
- Financial resources of each spouse once divorced;
- Each spouse’s employment skills and ability to support themselves;
- The time required for the spouse seeking support to receive an education or training to earn a sufficient income;
- The length of the marriage;
- The age of the individuals seeking spousal support, the individual potentially being asked to pay spousal support, and the health of these parties;
- Employment history and earning ability and capacity of both parties; and
- Contributions made by one spouse to the other’s career or education.
If you’re going back to school, the court will likely consider how long it will take for you to complete your education and re-enter the workforce. They may guarantee spousal maintenance for that. With the understanding that once you finish school and begin earning an income, you’ll be able to support yourself.
How long will you receive spousal maintenance?
In Texas, spousal maintenance is meant as a temporary resource. Its goal is to provide support for the shortest amount of time necessary for the recipient to become financially independent.
Here’s a breakdown of the maximum time limitations for spousal maintenance:
- 5 years if your marriage was between 10 and 20 years in duration or if the paying spouse was convicted of family violence.
- 7 years if the union lasted between 20 and 30 years.
- Finally, 10 years if the marriage was 30 years or greater.
It’s also imperative to be aware that if you are disabled or caring for a disabled child, the court extends the spousal maintenance period for as long as the conditions persist. If you’re revisiting pursuing higher education, the court will likely limit the spousal support to the time it takes to complete the educational training or earn the degree. After that, the support will typically end, so it’s critical to plan for your financial independence beyond that point.
How much support can you get?
Well, there’s no real set formula for determining how much spousal support you might receive, but the Texas Family Code, specifically § 8.055, does describe some limitations. The court cannot require this paying spouse to pay more than the lesser of either $5000 per month or 20% of their gross monthly income. The amount you receive will hinge on your needs and your spouse’s ability to pay. The court will consider both party’s finances, including the paying spouse’s income and expenses, to determine a fair amount.
Is Spousal Support Taxable?
One thing to bear in mind is that since December 2018, spousal maintenance payments are no longer a tax-deductible expense for the paying spouse. Further, the recipient may not claim spousal maintenance as taxable income. So, if you are granted spousal maintenance, you won’t need to worry about paying taxes on it, but your spouse won’t be able to deduct it from their income either.
Can spousal support help you go back to school?
All things considered, yes— if you meet the legal requirements, spousal support can assist you in returning to school and becoming financially self-sufficient. However, some limitations and factors can lessen the amount of support needed for the duration. However, one of the court’s primary objectives is carving out time and resources, when possible, to assist you in rebuilding your life following divorce. Education undoubtedly plays a significant role in your ability to earn a living, provide for yourself, and move on with your life independently.
If you’re considering going back to earn a degree or training certification, it’s beneficial to educate yourself on how doing so could affect spousal maintenance. Your attorney can help you understand your rights, represent your interest in court, and guide you through requesting spousal maintenance. Ultimately, spousal support is just one piece of the puzzle when it comes to life after divorce. But if you are strategic and work closely with a skilled Texas divorce attorney, you can use this major life event as a stepping stone towards a much brighter and more rewarding future. Contact an experienced divorce and family law attorney by calling us at 713-333-4430 for a confidential consultation.
Shannon L. Boudreaux is a passionate advocate for her clients, working on their behalf to help them reshape their lives, their families, and their futures. For two decades, she has helped reunite parents with their children and helped clients negotiate contentious custody disputes. Learn more here.
