CYPRESS SPOUSAL SUPPORT LAWYER
Dissolving a marriage can be challenging and emotional, with spousal support being among the most controversial issues divorcing couples face. Often called alimony or spousal maintenance, these payments from one spouse to the other can be complex, especially if the divorcing couple cannot agree on a fair arrangement. If you seek or are asked to pay spousal support, an experienced Cypress spousal support attorney can help ensure you are treated fairly.
The seasoned attorneys at Moffett Law Firm are committed to helping their clients in Cypress understand their rights and legal options. We have extensive experience helping clients navigate high-conflict disagreements while protecting their rights, interests, and financial futures. Our attorneys take a personalized and meticulous approach to every case to achieve the best possible outcomes for our clients in Cypress. We have 30 years of combined experience navigating these intricate issues and are prepared to take your case to trial to help you achieve your goals.
Who Is Eligible for Spousal Support in Cypress?
In Texas, one spouse is not automatically awarded spousal support. In fact, the state has strict guidelines about who is and is not eligible to collect spousal support payments. To qualify for spousal support in Cypress, you must be unable to provide for yourself financially and meet at least one of the following criteria:
- The payor spouse was convicted of domestic violence within two years of the divorce filing or during the divorce process
- The spouse requesting support is unable to support themselves due to a disability or must care for a disabled dependent
- The marriage lasted at least ten years
In cases involving domestic violence, one spouse may be granted spousal support even if the marriage lasted less than ten years. In addition to the eligibility requirements above, the court will also consider other factors when determining spousal support payments, including each party’s education level, earning capacity, and history of marital misconduct. An experienced Cypress spousal support lawyer can review your case and determine if you or your spouse meet the eligibility requirements to receive payments.
How Do Prenuptial Agreements Affect Spousal Support in Texas?
Many Texas couples opt for premarital agreements to protect their assets and interests if their marriage ends in divorce. One of the many details that can be decided in a premarital agreement is whether or not one spouse waives their right to spousal support. Additionally, premarital agreements can lay out alternatives to spousal support, such as a lump sum or property transfer instead of monthly payments. Despite being signed by both parties, disputes over spousal support may still arise with a premarital agreement in place.
For example, if significant assets were gained during the marriage, the spouse who waived support may contest the agreement’s validity. Under Texas law, premarital agreements are only valid and enforceable if the contract is fair and neither party was coerced into signing. If one spouse can prove those conditions were not met, the agreement may become invalid, allowing either party to request spousal support.
Furthermore, the court may still award spousal support to the requesting party, even if the premarital agreement is valid and enforceable. Suppose the requesting party cannot meet their needs due to a disability or lack of education or training. In that case, the court will consider these factors when deciding, regardless of whether a valid premarital agreement exists.
Grounds for Spousal Support Modifications
While Texas courts often attach a specific time frame to spousal support orders, they also understand that circumstances can change over time. Depending on the specifics of your case, you can request that the spousal support be increased, reduced, or terminated.
Either spouse may file a petition for a spousal support modification. The petitioning party must prove a substantial change in circumstances and how it affects their needs or ability to pay for a modification. Some factors the court may consider include the following:
- A disability or illness that impacts either party’s ability to work
- An involuntary loss of employment of business
- A significant increase in capital due to an inheritance or other influx of funds
- An unexpected financial emergency
- The receiving party’s unwillingness to find work and become self-supporting
The trusted Cypress spousal support lawyers at Moffett Law Firm can analyze every aspect of your case to determine if you have grounds to modify your spousal support order and how to best proceed.
Consult With a First-Class Cypress Spousal Support Attorney at Moffett Law Firm
Many couples wonder if spousal support will become a facet of their divorce and how much the agreement will entail. A Cypress spousal support lawyer from Moffett Law Firm can help you navigate the legal process while protecting your rights and interests. When you retain our services, you can trust us to employ our three decades of experience and skills to fight for you. To learn more about how we can help you and schedule a consultation, call us at (713) 333-5800 or complete our contact form today.