Articles Posted in Divorce Guideline

You are divorced and in your final orders you were awarded spousal maintenance on the basis of your disability and inability to earn sufficient income.  So, you went through all of the stages of proving your disability and proving that you could not earn the money that you need to meet your minimum reasonable needs and the judge ordered that your ex-spouse a certain amount per month to you for a certain period of time.  As you know, spousal maintenance is governed by Chapter 8 of the Family Code and with respect to a disabled spouse, it does state that maintenance can be ordered for as long as the disability persists (longer than the statutorily limited period of time).  If it is nearing the ending date of your receipt of the monthly spousal support payments, you are becoming worried because you do not know what you are going to do at this point.  Can you seek further maintenance from the Court because you are still disabled and need the money to survive?

This question was directly addressed in Stephanie Ann Novick v. Andrew A. Shervin by the Fifth District Court of Appeals in Dallas.  There, the trial court held that the wife was “presently disabled” and ordered that the husband should pay her “$2000 per month for 24 months.”  When the time was drawing near for the husband’s payments to cease, the wife filed a motion to modify to continue the support payments and the trial court dismissed that claim to which the wife appealed.  Therefore, the Dallas Court of Appeals had to determine whether or not the trial court erred in failing to honor the wife’s request in continuing the spousal support payments.  In doing do, the Court reviewed a few other appellate cases involving this particular issue to seek guidance which led the Court to render a bright line rule to determine whether or not the support payments could be continued.

The Court held, “An award of spousal maintenance in a divorce decree is properly the subject of a motion for continuance only if the decree indicates the trial judge intended to make the award pursuant to section 8.054(b) rather than 8.054(a).”  Section 8.054(b) allows a trial court to find the spouse disabled (giving guidance as to how and what it means) and in finding the spouse to be disabled, the trial court will make an award of maintenance.  This award can be made subject to periodic request based upon the request of either party and also subject to a motion to modify.  However, Section 8.504(a)  places a duration limit on how long the court can award the maintenance for (5 years) and states that a trial court must render the shortest period possible unless the spouse’s ability to earn income is totally diminished by physical or mental disability.    The key for this Court was that you can seek continuance of the maintenance if the award was under Section 8.054(b).  An example of this type of award would be where a spouse is found to be permanently disabled, awarded spousal maintenance for longer than 5 years, and the Court also order that the spouse receiving support can seek continuance beyond the court-ordered termination date.

I am by no means a licensed mental health professional, psychologist or psychiatrist; however if you have been a follower of my blog regarding divorce, child custody, or any family law issue you know that I constantly write about the psychological tolls that the cases take on my clients.  This is because I witness every day the psychological struggles that my clients go through.   Divorce is hard on everyone involved, no matter how you slice it.  Many people hear this, but do not actually understand until they are in the trenches.  However, it is so important to understand, for your mental and physical health, before you are in the trenches that this will be a difficult process and have a list of coping mechanisms to help you through it.

So many people fall into the trap of bitterness, anger and resentment and cannot get past those emotions.    While I will agree that your feelings are legitimate, you also need to work through those feelings so that you can get to the other side and feel a release.  Many people hang on, even after the divorce is finalized.  I have seen what this does to people, and I do not wish it on anyone.  Getting past that anger is not an easy feat, but one that is beyond necessary.

Also, divorce is difficult because it bring change—the familiarity is no longer there, you have to move, your holidays are not the same, you lose a pet, you have to split the time with the children, etc.  Change is so hard and I will be the first to admit that I hate it.  But, change is a part of life; in fact, life is about seasons and weathering those seasons.  How will you weather in a mentally healthy way?

You may be just beginning your divorce case or you may be in the middle.  Regardless of your current position, there are certain tips that will make this painful process much smoother in the grand scheme of things.  In fact, if you would follow these ten easy tips, you would be worlds ahead of other people going through divorces.

  1. Stress management.  There are a couple of ways our clients are able to work through the stress that occurs with a divorce; here are a couple of my recommendations: Research and find a counselor with whom you are comfortable.  I know, I know—most people hate the word “counseling” and feel as though it would not help them. But, so many of our clients attend counseling and I am amazed at the way they are able to process as we go through the divorce.  It does not matter if it is a pastor, licensed counselor, psychologist, psychiatrist, or a free clinic; you just need to talk to someone.  The emotional toll of the divorce can be so taxing and many people need help with coping; this includes you.  OR if you are not ready to take the counseling step, get out and exercise.  Or even better, you can do both.  Go for a walk with a friend, join a gym, or attend a fitness class that interests you.  Start a fitness routine and it will give you something to look forward to.  And remember what Elle Woods says, “Exercise gives you endorphins.  Endorphins make you happy.  Happy people just don’t shoot their husbands, they just don’t.”
  2. Keep off of social media.  I cannot stress enough—do not post anything on any social media account about your soon to be ex, their paramour, the children, the case, etc.   While it may feel good at the time, it will only hurt you in the long run.  All judges frown upon it and it will make the case harder than it already is.