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Can I Get Spousal Support?

Spousal Support in Texas: Can You Get It? | Bryan Fagan, PLLC

Spousal support can serve as a vital lifeline when adjusting to life after divorce. Whether you’re entering the workforce for the first time or managing new financial responsibilities, knowing how to get spousal support is essential. Understanding your eligibility and available options can greatly impact your financial stability, offering clarity and security during a time of uncertainty.

Understanding Spousal Support in Simple Terms

Spousal support provides financial help to a spouse after divorce. It ensures one spouse can meet their basic needs while adjusting to life after the marriage ends. It involves payments from one spouse to the other. Courts order it to ensure fairness when one spouse lacks the income or resources to support themselves immediately after a divorce.

How does it differ from other financial arrangements?

Spousal support focuses on post-divorce financial stability. It differs from child support, which provides for children, and property division, which splits marital assets between spouses.

Who Qualifies for Spousal Support?

Not everyone qualifies for spousal support. Courts assess eligibility based on specific factors, ensuring support goes to those who truly need it.

Key factors that determine eligibility

Courts consider your financial situation, education, work history, and the contributions made during the marriage. A spouse unable to meet basic needs or gain immediate employment may qualify.

How the length of the marriage impacts eligibility

Longer marriages often increase the chances of receiving spousal support. For example, Texas requires at least a ten-year marriage in most cases. Shorter marriages may qualify if family violence occurred.

Breaking Down Spousal Maintenance in Texas

Texas laws treat spousal maintenance differently from other states. Courts prioritize self-sufficiency and use maintenance as a last resort.

What makes Texas laws different?

Texas refers to spousal support as “spousal maintenance.” Judges award it sparingly and only after considering all alternatives, such as dividing property to meet financial needs.

The role of court-ordered payments

Court-ordered payments ensure temporary stability. Judges consider factors like income, resources, and the financial gap between spouses before deciding the amount and duration of payments.

Meeting the Requirements for Financial Support

Courts set strict requirements for spousal support to ensure fairness. Judges focus on income, property, and your ability to provide for yourself.

Income limitations and property considerations

You must prove that your income and property are insufficient to meet basic needs. Judges look at marital assets and how they were divided in the divorce.

How the court views earning potential and disabilities

Judges expect you to use your skills or training to earn a living. If disabilities prevent employment or you care for a child with special needs, the court may consider this when awarding support.

Spousal Support in Texas: Can You Get It? | Bryan Fagan, PLLC

Temporary Support During Divorce Proceedings

During divorce proceedings, temporary support helps maintain financial stability. Courts grant this support to cover essential expenses until the divorce is finalized.

What to expect while your case is ongoing

Temporary spousal support covers living expenses, bills, and other immediate needs. Judges review the financial circumstances of both spouses to decide the amount and duration.

Difference between temporary and long-term arrangements

Temporary support ends when the divorce is complete. Long-term spousal support begins after the court finalizes the divorce and depends on eligibility, the length of the marriage, and financial needs.

How Long Can Spousal Support Last

Spousal support has limits based on the length of the marriage. Judges ensure the duration gives the recipient time to regain financial independence.

Typical timelines based on marriage length

In Texas, support lasts up to five years for marriages under 20 years. Marriages between 20 and 30 years may qualify for up to seven years, while those lasting over 30 years can receive up to ten years.

Special circumstances that could extend support

Support may extend indefinitely if a spouse or child has a disability. Courts prioritize cases where the recipient cannot work or care for themselves due to these conditions.

The Factors That Influence a Judge’s Decision

Judges evaluate several factors when deciding on spousal support. These factors ensure fair outcomes while encouraging financial independence.

Age, health, and contributions to the marriage

Older spouses or those with health issues may receive higher support. Judges also consider the non-financial contributions made during the marriage, such as raising children or supporting a partner’s career.

Why earning potential matters

Judges assess the recipient’s ability to work and earn a living. Spouses with limited skills or work experience may receive more support to help them achieve financial independence.

How Much Financial Support Can You Receive

Courts calculate spousal support based on need and the paying spouse’s income. This ensures fairness while avoiding unnecessary financial strain on either party.

Monthly limits and how they are calculated

Spousal support typically amounts to 20% of the paying spouse’s gross income or $5,000, whichever is lower. Judges review budgets and financial documents to determine the appropriate amount.

Realistic expectations for budgeting

Support aims to cover basic needs, not provide luxury. Recipients should focus on creating a sustainable budget that includes employment plans or training to secure future financial stability.

Steps to Prepare for Your Support Case

Preparing for spousal support involves gathering essential information and seeking proper guidance. Courts rely on accurate details to make fair decisions.

The importance of documentation and legal guidance

Strong documentation strengthens your case. Compile financial records, proof of expenses, and evidence of your spouse’s income. Work with a qualified attorney who can guide you through the process and ensure your rights are protected.

How proactive planning can make a difference

Planning ahead helps you meet the court’s expectations. Update your resume, research job opportunities, and explore training programs if needed. Taking steps to improve your financial situation shows the court your commitment to self-sufficiency.

Moving Forward After Divorce

Spousal support provides a foundation for starting fresh. Use this support wisely to regain stability and build independence.

Using spousal support to rebuild your life

Allocate spousal support toward essential needs like housing, education, or skills development. Prioritize your long-term goals to create a sustainable financial future.

Tips for gaining independence during and after the process

Focus on creating a budget that aligns with your support and income. Pursue opportunities that enhance your earning potential. Seek professional advice when managing finances or planning for career changes to make the transition smoother.

Conclusion

Spousal support provides an opportunity to regain stability and rebuild your life after divorce. To successfully get spousal support, it’s crucial to understand your options, prepare your case thoroughly, and utilize the support effectively. By focusing on creating a sustainable financial plan and taking steps toward independence, you can secure a brighter, more stable future.

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At the Law Office of Bryan Fagan, PLLC, the firm wants to get to know your case before they commit to work with you. They offer all potential clients a no-obligation, free consultation where you can discuss your case under the client-attorney privilege. This means that everything you say will be kept private and the firm will respectfully advise you at no charge. You can learn more about Texas divorce law and get a good idea of how you want to proceed with your case.

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