Many couples stay in marriages because of financial stability. One of the most important issues in a divorce is often the amount of spousal support that will have to be paid/received. If you’re considering a divorce but are worried about having to pay spousal support, or you are the spouse who is entitled to receive this support, speaking with an experienced attorney is always wise. Contact The Moffett Law Firm today for an initial consultation by calling at (713) 333-5800, or contact us online.
When is Spousal Support Ordered?
When spousal support is ordered by a court is decided on a case-by-case basis. It is somewhat difficult for a spouse to receive this type of financial support in Texas, but it does happen. It’s more common for the couple to agree to an amount in the divorce settlement than for a judge to award it in court.
In order for a judge to order spousal support, the receiving party must be eligible for this payment. To be eligible, the spouse who is trying to obtain support must lack sufficient property to provide for his or her reasonable needs. Additionally, one of the following requirements must be met:
1. The spouse required to pay must have been convicted of or received deferred adjudication for an act of family violence, and that act must have been committed either during the marriage (within two years of the date the divorce was initiated) or while the divorce case is pending.
OR
2. The spouse seeking the payments must show that they are unable to earn sufficient income to provide for their minimal and reasonable needs, and
They are unable to earn sufficient income due to a physical or mental disability; or
They are unable to earn sufficient income due to responsibilities they must meet because their child is physically or mentally disabled and requires substantial care and personal supervision; or
The marriage lasted for 10 years or longer.
Determining Spousal Support
One of the most common questions both partners in the marriage want to know is how much spousal support needs to be paid. Once the spouse requesting support shows that they are eligible, the court then decides if they will receive these payments. Simply showing eligibility does not mean the partner is always going to receive spousal support. The judge can order spousal support in the amount of up to $5,000 per month or 20 percent of the paying partner’s average monthly gross income, whichever less.
When determining how much spousal support to award, the judge is required to consider certain factors, including but not limited to the following:
The financial resources of each spouse after the divorce;
One partner’s contribution to the other’s education, training, or increased earning capacity;
The age, employment history, earning capacity, and physical and emotional condition of the spouse requesting the support; and
How awarding spousal support would affect both partner’s ability to pay their bills.
Contact The Moffett Law Firm Today
At Moffett Law Firm, we understand how significant spousal support can be. It can affect both partner’s decision to get divorced. It’s important that the spouse who is receiving support gets what they deserve, and that the spouse paying the support is paying a fair amount. Whichever situation you are in, we can help. We do everything in our power to advocate for our clients and ensure that the outcome is fair. Contact us today for an initial consultation at (713) 333-5800 or contact us online.
