Temporary Spousal Maintenance

Family Court judges have a huge amount of discretion in ordering temporary spousal maintenance while the divorce is pending. Spousal maintenance in a final divorce decree is much more limited and can seem rare.

Almost any agreement can potentially be better than what the judge may decide for temporary spousal maintenance.

For example, if the other spouse is not working, the Court can order you to pay half of your income to him or her.

That’s because income or during a divorce is community property and belongs to both spouses equally. If you’re still married to someone, the law says you still have a duty to support for them.

In lieu of cash, one solution is for the higher earning spouse to pay some or all of the living expenses of the lower earnings spouse while the divorce is pending.

I heard recently of a man who earned a public servant’s salary along with military retirement who was upset at being ordered to pay temporary spousal maintenance in the amount of $1000 a month. I told him this was a great deal. It puts pressure on him to finish the final divorce, where it is a possibility that no spousal maintenance would be ordered at all.

Compromise can often lead to better results in a divorce or family law case. Smart compromise can save you money and lessen the emotional toll.

Contact the Fox Law Office at 469-322-9238 or foxlawdfw@gmail.com to set up a consultation about your case.


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