Spousal Maintenance Attorney
Helping You Obtain the Best Possible Results
During a divorce, couples will address several matters, including spousal maintenance, which is also known as alimony. Texas sets a rather high bar for those seeking spousal maintenance and, if you do not meet certain requirements, you will not be awarded this support. If you are seeking support or have concerns about paying support, the family law attorney at Camille Borg Law PLLC in McKinney can provide the assistance you need to obtain the fairest results for your circumstances.
Reach out to our law office today at (469) 646-7763 to set up an initial case evaluation with our attorney to discuss the details of your case.
How is Spousal Maintenance Determined?
Texas does not have statutory alimony. Instead, you must prove that, after the divorce, there will be insufficient property to meet your minimum reasonable needs. One can also have contractual alimony when a spouse agrees to pay support without it being a law. Likewise, a spouse can receive support by agreement without a trial for the court to make the findings.
Additionally, you must also prove one of the following:
- Your marriage lasted at least 10 years and you lack the ability to obtain employment that will meet your minimum reasonable needs.
- You are caring for a disabled child that is from your marriage and, as a result of those responsibilities, you cannot earn enough income to meet your minimum reasonable needs.
- You have an incapacitating disability that occurred during the marriage and, as a result, cannot earn enough income.
If the Court finds that there was domestic violence against your spouse, the law waives the 10-year requirement. For example, if you were married 2 months and your spouse commits domestic violence against you, you could petition the court for spousal maintenance based on the domestic violence.
Although it is uncommon for spousal maintenance to be awarded in a Texas divorce, it is often easier for a spouse who is seeking support to receive it temporarily while the divorce is pending. For example, if you are the lesser-monied party and your spouse is in control of the finances during the divorce, you may receive temporary support. The order will likely expire once you receive your division of the estate, assuming it is enough for you to live on.
When determining how much spousal maintenance should be awarded, a judge will consider the following factors:
- You and your spouse’s resources after the divorce.
- How paying spousal maintenance will impact your spouse’s ability to pay their bills.
- If either you or your spouse contributed to the other’s training, education, or earning power.
- Your age, earning ability, employment history, and emotional and physical condition.
- You and your spouse’s educational and employment skills and how long you would need to get training or education.
- If you or your spouse wasted community property.
- If there were incidents of family violence during the marriage.
Speak to an Experienced Family Law Attorney About Your Case Today!
If you cannot make your marriage work and are going through the process of filing for divorce, spousal maintenance will be among one of the key issues you must resolve. At Camille Borg Law PLLC in McKinney, our divorce attorney will fight tirelessly on your behalf to work toward the results you need as you begin a new chapter in your life.
Call our law office today at (469) 646-7763 to request an initial case evaluation with our knowledgeable attorney and learn more about what we can do to assist you with your spousal maintenance case.
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