When a couple decides to end their marriage, one of the most important things to determine is if one of the partners is entitled to spousal maintenance, and if so, how much and for how long. This can be a difficult determination to make, and it’s not unusual for couples to disagree on this. If this occurs, you should speak with a lawyer right away. Contact The Moffett Law Firm for assistance and to set up an initial consultation.
What is Spousal Support?
Spousal support, or spousal maintenance (typically referred to as alimony in many other states), is a legal obligation for one spouse to provide financial assistance to the other after a divorce. Often, spousal maintenance will be awarded if it is determined that one spouse cannot reasonably meet their financial needs following a divorce, assuming the appropriate criteria were met. Spousal support can include payments for personal expenses, such as groceries, bills, rent, and money for joint debt payments or retirement savings.
There are several factors that courts consider when awarding spousal support, including the financial resources of both spouses, the needs of the spouse receiving aid, and any previous agreements between the divorcing couple.
If you consider seeking spousal support after a divorce, it is crucial to speak with an attorney to discuss your specific situation.
How to Receive Spousal Maintenance
If you are seeking spousal maintenance, there are a few things you will want to know. You must meet the eligibility requirements to receive spousal maintenance. Even if you meet those requirements, there is no guarantee that you will receive them; a judge will determine if support is appropriate.
To be eligible for spousal maintenance, Texas law says that one spouse must prove that after divorce, they will not have sufficient property, including the community property received in the divorce and the spouse’s separate property, to meet his or her minimum reasonable needs.
Additionally, the spouse requesting maintenance payments must prove one of the following:
The marriage lasted for at least 10 years, and the spouse requesting support cannot meet their minimum or reasonable needs without support/they cannot gain employment that would allow them to do this
They are taking care of a child with a disability and those responsibilities do not allow them to obtain sufficient income
They have a disability that prevents them from obtaining employment that will allow them to meet their minimum reasonable needs
The spouse who is being asked to pay the support has been convicted of or received deferred adjudication for committing family violence within two years before the date the divorce is filed, or while the divorce case is pending
Contact The Moffett Law Firm For Assistance With Spousal Maintenance
Many couples stay together because they’re worried about finances. While this makes sense, no one should have to stay with someone for this reason alone. If you would like to file for divorce but believe you won’t be able to meet your own minimum or reasonable needs, spousal maintenance can help you and allow you to leave your partner and start your new life. Before filing for divorce, you can contact an attorney to get information on whether you would be eligible for spousal maintenance payments and if so, how much they might be. At The Moffett Law Firm, you are our first priority. We will do everything we can to ensure that you get the payments you need to live the life you deserve. You will always be able to reach us to ask questions, and we will continue to keep you updated on your case. To schedule an initial consultation, call our office at (713) 333-5800 or contact us online.
