Spousal Support & Alimony in Spring, TX
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In Texas, those who are divorced can apply for alimony or spousal support. Both terms refer to regular monetary contributions made by one spouse to support the other either during or after divorce proceedings. The amount of these payments is determined by considering the specific needs and earning capacities of both parties.
There are key differences between alimony and spousal support:
- Alimony: This is financial assistance given to a spouse during the divorce process as a form of maintenance and aid to help the individual regain financial stability. In Texas, alimony is also referred to as spousal maintenance.
- Spousal support: These are regular payments mandated by the court after the divorce to supplement a spouse’s income or provide for his or her needs.
Are you eligible for spousal maintenance?
The court may order spousal maintenance if the spouse requesting the payment will lack sufficient property following the divorce to meet his or her basic needs. Typically, courts will contemplate alimony if there are records of one spouse perpetrating family violence against the other during the marriage. Additionally, if the spouse seeking support cannot earn an income due to a disability, the court is typically generous in awarding spousal support.
Eligibility for support can also be granted if the marriage lasted ten years or more and the spouse seeking support cannot earn sufficient income to maintain the standard of living that he or she enjoyed before the divorce. Furthermore, if the spouse seeking support has custody of a child with a physical disability, spousal support is commonly awarded in addition to child support.
Factors the Court Considers when Granting Support / Alimony
The court does not automatically grant alimony to any spouse who requests it. The court recognizes that the paying spouse may not be able to afford the cost of spousal support and that the payments might not be feasible.
As such, the court considers several factors including:
- The financial resources 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 the spouse
- Child support responsibilities
- Usage of communal property funds
- Each spouse’s education and employment skills
- Any instances of adultery in the relationship
- Any history of family violence
- The property each spouse brought into the marriage
- Whether one spouse served as a homemaker during 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
Questions About Spousal Support?
Spring attorney Bryan Fagan could be your advocate in these matters, whether you are the payer or the recipient. The firm primarily focuses on family law and divorce cases, giving Attorney Fagan a distinct understanding of even the most complicated situations.
If you want more information about spousal support and alimony, don’t hesitate to contact the firm today!
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