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Collaborate with a Downtown Austin, Texas Attorney
In Texas, individuals undergoing divorce have the right to request alimony or spousal support. These payments are designed to offer financial assistance to a spouse during or after a divorce. The amount is determined by evaluating the financial needs and earning capacities of both parties.
There are clear distinctions between alimony and spousal support:
- Alimony: This refers to financial assistance provided to a spouse during the divorce proceedings to help maintain financial stability. In Texas, alimony is also known as spousal maintenance.
- Spousal Support: These are regular payments mandated by the court that continue after divorce to supplement the income of the receiving spouse or provide ongoing financial support.
Do You Qualify for Spousal Maintenance in Downtown Austin, Texas?
Spousal maintenance can be ordered by the court if the spouse requesting it lacks sufficient property after the divorce to meet basic needs. Alimony is typically considered when one spouse has committed family violence against the other during the marriage. If the spouse seeking support cannot earn sufficient income due to a disability, the court is likely to grant spousal support.
Support can also be awarded if the marriage lasts ten years or more and the spouse seeking support cannot earn enough to maintain their pre-divorce standard of living. Additionally, if the spouse seeking support has custody of a physically disabled child, spousal support is often granted alongside child support.
Factors the Court Considers When Awarding Support / Alimony in Downtown Austin, Texas
The court does not automatically grant alimony to any spouse who requests it. It considers that the paying spouse may not be financially capable of providing spousal support, making such payments impractical.
Therefore, the court typically considers various factors, including:
- The financial situation of each spouse at the time of divorce
- The duration of the marriage
- The age, employment history, earning capacity, and physical and emotional health of each spouse
- Responsibilities for child support
- Use of community property assets
- Educational background and job skills of each spouse
- Instances of adultery or family violence during the marriage
- Property brought into the marriage by each spouse
- Whether one spouse acted as the primary caregiver or homemaker
- Contributions made by one spouse to the education or training of the other
Alimony or Spousal Support and a Disabled Spouse in Downtown Austin, Texas
Understanding whether alimony will be required and for how long is crucial when preparing for your Texas divorce. For more detailed information about spousal support and alimony in Downtown Austin, Texas, feel free to reach out to the Law Office of Bryan Fagan, PLLC.
Questions About Spousal Support?
Texas attorney Bryan Fagan can assist you with matters of spousal support, whether you are the paying spouse or the recipient. With a specialization in family law and divorce cases, Attorney Fagan possesses extensive expertise in handling even the most complex cases.
For further information on spousal support and alimony in Downtown Austin, Texas, contact the firm today!
