Texas Spousal Support FAQ

[Note: In this section, the wife is referred to as the spouse receiving spousal support for convenience only. It should be understood that husbands can also request and receive spousal support from wives.]

1) Can I get temporary spousal support while our case is pending?

Texas courts routinely order temporary spousal support during the pendency of the divorce (from the day of filing the petition until the day the divorce is granted)  How much is ordered depends on the earnings and expenses of each spouse as well as which court your case is set in.

Where child support is being paid, the guideline level of child support is first calculated. Then, spousal support is determined.

2) Am I entitled to spousal support after the divorce is final and if so for how long.

Where the marriage has lasted more than 7 years, or under some family violence situations and support is needed to meet the "minimum reasonable needs" of the spouse, the court may order support for up to three years.  If a spouse is disabled or responsible for a adult disabled child, the support may continue beyond 3 years.

3) Is the spousal support I am paying tax deductible?

The Internal Revenue Code provides that all spousal support payments are tax deductible by the paying spouse and taxable to the recipient spouse as "ordinary income." There are certain parameters that must be in the alimony order for this to apply.  Please consult a or tax professional for the most updated requirements. It is not uncommon for a negotiated settlement to include the payment of a high amount of spousal support, often in lieu of a property distribution because such a payment results in tax benefit to the husband.

4) Can I get medical insurance benefits through my spouse's employer after the dissolution of marriage?

Under Federal Law you might be entitled to keep your medical insurance benefits under your former spouse's group plan. The Consolidated Omnibus Budget Reconciliation Act of 1985 created what are commonly known as "C.O.B.R.A." benefits, which are available to the former spouses of people who work for employers who have 20 or more employees.

In general this law provides that employers must offer "continuation coverage" for the first three years after the termination of the marriage. The law further provides that the employer can charge the former spouse for this coverage, but the charge cannot be more than 2% greater than what is charged to employees.

After the three years have ended, the law states that the employer must offer a former spouse the right to purchase "conversion coverage", but there are no limits on how much the employer can charge for this coverage.

The C.O.B.R.A law further provides that the former spouse does not have to pass a physical examination in order to obtain the continuation or conversion benefits. This is significant if you have any pre-existing conditions that might not be covered by another medical insurance carrier.

In order to obtain your C.O.B.R.A. benefits you have to file your application with your spouse's employer by no later than sixty (60) days after the termination of your marriage. If you do not file your application by that date you will not be able to ge t these important benefits.

If you wish to have your C.O.B.R.A. benefits you must contact your former spouse's employer directly and request the appropriate forms. This is not a service that is  performed by our office. You must contact your former spouse's employer directly if you want to obtain these benefits.

Diane M. Wanger,  Board Certified Family Law Specialist

This article was adapted from the work of California attorney, Glenn Rabenn, whose permission to do so is greatly appreciated.