Alimony & Spousal Support

Alimony & Spousal Support in TX

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In the Lone Star state, those who are divorced have the right to request alimony or spousal support. Both of these constitute periodic payments that one spouse provides for the other for sustenance during or subsequent to a divorce proceeding. The total amount is determined by considering the individual needs and earning capacities of both parties.

There are distinct differences between alimony and spousal support:

• Alimony: This refers to the financial assistance provided to a spouse during the divorce process as a form of sustenance and to aid the spouse in regaining financial stability. In Texas, alimony is also referred to as spousal maintenance.
• 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?

Spousal maintenance can be ordered by the court if the spouse applying for it won’t have sufficient property post-divorce to cater for basic needs. Alimony is typically considered when one spouse has been found guilty of family violence against the other during the marriage. If the spouse seeking support cannot earn sufficient income due to a disability, the court is usually inclined to grant them spousal support.

Support can also be granted if the marriage lasted a decade or more, and the spouse seeking support cannot earn enough to maintain the standard of living they were accustomed to before the divorce. Additionally, if the spouse seeking support has custody of a physically disabled child, spousal support is often awarded alongside child support.

Factors the Court Considers when Awarding Support / Alimony

The court doesn’t automatically grant alimony to any spouse who asks for it. It acknowledges that the paying spouse may not be able to afford spousal support, making the payments unfeasible.

Consequently, the court typically considers various factors, including:

• The financial standing of each spouse at the time of the divorce
• The duration of the marriage
• The age, employment history, earning capability, and physical and emotional health of the spouse
• Child support responsibilities
• Utilization of community property funds
• Each spouse’s educational background and employment skills
• Any instances of adultery during the relationship
• Any instances of family violence
• The property that each spouse brought into the marriage
• Whether one spouse acted 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?

Texas attorney Bryan Fagan may be able to represent you in these matters, whether you are the paying spouse or the recipient. The firm specializes almost exclusively in family law and divorce cases, giving Attorney Fagan an unparalleled understanding of even the most intricate cases.

If you want more information about spousal support and alimony, don’t hesitate to contact the firm today!