Alimony & Spousal Support in San Antonio, TX
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In Texas, individuals going through divorce proceedings can request alimony or spousal support. Both alimony and spousal support involve regular payments made by one spouse to provide financial support to the other during or after the divorce. The amount of these payments is determined based on the unique needs and earning potential of each spouse.
There are distinct differences between alimony and spousal support:
- Alimony: Payments made to a spouse during the divorce proceeding to provide financial maintenance and assistance for the spouse to regain stability. In the state of Texas, alimony is also referred to as spousal maintenance.
- Spousal support: Regular court-mandated payments that continue after the divorce to supplement a spouse’s income or provide for their needs.
Do you qualify for spousal maintenance?
The court can order spousal maintenance if the spouse who is seeking the payment will not have enough property at the time of the divorce to provide for his or her basic needs. Normally, the courts will consider alimony if one spouse was convicted of committing family violence against the other spouse during the marriage. Also, if the spouse seeking support is unable to earn income because of a disability, the court is normally generous with awarding spousal support.
Spouses can also qualify for support if they were married for ten years or longer and the spouse seeking support is unable to earn enough income to keep up the standard of living that he or she experienced prior to divorce. Also, if the spouse seeking support has custody of a child who has a physical disability, spousal support is common in addition to child support.
What the Court Considers when Awarding Support / Alimony
The court doesn’t just award alimony to any spouse who requests it. The court understands that, sometimes, the paying spouse cannot handle the expense of spousal support and the payments may not be feasible.
For this reason, the court will typically look at a variety of factors, including:
- The financial resources of each spouse at the time of the divorce
- The length of the marriage
- The age, employment history, earning ability, and physical and emotional health of the spouse
- Child support obligations
- Use of community property funds
- Each spouse’s education and employment skills
- Any acts of adultery committed in the relationship
- Any patterns of family violence
- The property that each spouse brought to the marriage
- Whether or not one spouse acted as a homemaker in the marriage
- Whether the spouse seeking support contributed to the education or training of the other spouse
- Alimony or Spousal Support and a Disabled Spouse in Harris and Montgomery Counties in Texas
- Know How to Determine Whether Alimony will be Owed and for How Long, When Preparing for Your Texas Divorce
- 3 Important Facts about Texas Alimony and Spousal Support
Do you have inquiries regarding spousal support?
Trust in the expertise of San Antonio attorney Bryan Fagan to represent your interests in these important matters, regardless of whether you are responsible for payments or the receiving party. Our firm specializes primarily in family law and divorce cases, ensuring that Attorney Fagan possesses an unparalleled comprehension of even the most intricate scenarios. With our original approach and strategic emphasis on search engine optimization, we are committed to providing top-notch legal assistance tailored to your specific needs.