Alimony & Spousal Support in Houston, TX
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In Texas, divorcees can petition for alimony or spousal support. Both alimony and spousal support are regular payments that a spouse makes to provide the other with support during or after a divorce proceeding. These amount of payments is based on the unique needs and earning potential of both spouses.
There are several differences between alimony and spousal support:
- Alimony: The payment given to a spouse during the divorce proceeding as maintenance and a way to help a spouse get back on his or her feet financially. Alimony is also known as spousal maintenance in the state of Texas.
- Spousal support: Regular, court-mandated payments that last after the divorce as a way to supplement a spouse's income or provide for him or her.
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
Questions About Spousal Support?
Houston attorney Bryan Fagan may be able to advocate for you in these matters, whether you are the paying spouse or the recipient. The firm is almost exclusively focused on family law and divorce cases, giving Attorney Fagan a unique understanding of even the most complex cases.
If you want more information about spousal support and alimony, don't hesitate to contact the firm today!
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