Important Family Law Changes Effective Sept. 1, 2011

During the 2011 Legislative Session, a number of family law bills were enacted. One of the most significant change was the amendment to the spousal maintenance (or alimony) statute. As of September 1, 2011, the legislature has increased the potential amount of alimony available from $2,500 to $5,000 per month, and increased the term of the payments from 3 years up to a possible 10 years. The term is based on the length of the marriage.  For marriages that last for 10-20 years the payments extend over a 5 year period. Marriages lasting for 20-30 years are eligible for 7 years of alimony. Marriages that are 30 years or more are eligible for 10 years of alimony.

As before, the length of alimony payments may be longer if a spouse has an incapacitating physical or mental disability or the spouse is the custodian of a child who has a physical or mental disability.

This is a huge change for both sides of this issue. Traditionally, Texas had had very limited alimony available because it is a community property state. However, more and more, substantial assets like the marital residence are either underwater, or may have been pledged for home equity loans.  Gone are the days of defined pension plans, and retirement accounts, if any, are subject to market fluctuations.