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During a divorce, couples will address several matters, including spousal maintenance, 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.
Call Camille Borg Law PLLC today at (469) 646-7763 or contact us online to schedule a meeting with our spousal maintenance attorney in McKinney!
What is Spousal Maintenance?
Spousal maintenance, also known as alimony, refers to financial support that one spouse may be required to pay the other after a divorce. This support is intended to assist the receiving spouse in maintaining a certain standard of living established during the marriage. In McKinney, spousal maintenance is not automatically granted in every divorce case; instead, it is determined based on specific factors outlined in Texas law.
Types of Spousal Maintenance in Texas
- Temporary Spousal Maintenance: Temporary spousal maintenance is awarded during the divorce proceedings to provide financial support to the lower-earning spouse until a final decision is reached. It is designed to address immediate needs such as living expenses, legal fees, or other financial obligations.
- Contractual Spousal Maintenance: Parties involved in a divorce may agree on spousal maintenance terms through negotiation or mediation. In such cases, contractual spousal maintenance allows for a more flexible and personalized arrangement as long as it meets the legal requirements outlined in Texas family law.
- Court-Ordered Spousal Maintenance: When spouses cannot agree on maintenance terms, the court may intervene and order spousal maintenance based on statutory guidelines.
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 ten years, and you cannot 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 for two months and your spouse committed domestic violence against you, you could petition the court for spousal maintenance based on domestic violence.
Although it is uncommon for spousal maintenance to be awarded in a Texas divorce, it is often easier for a spouse seeking support to receive it temporarily while the divorce is pending. For example, if you are the lesser-monied party and your spouse controls the finances during the divorce, you may receive temporary support. The order will likely expire once you receive your estate division, assuming it is enough for you to live on.
Factors Considered by The Judge
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 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 need training or education.
- If you or your spouse wasted community property.
- If there were incidents of family violence during the marriage.
Contact Our McKinney Spousal Maintenance Attorney Today
Navigating the complexities of spousal maintenance requires the expertise of skilled attorneys who understand the nuances of Texas family law. Camille Borg Law PLLC provides comprehensive legal support to individuals facing spousal maintenance issues in McKinney. Our attorneys bring a wealth of experience, ensuring your rights and interests are protected throughout the legal process.
If you seek a McKinney spousal maintenance lawyer to guide you through this challenging time, contact Camille Borg Law PLLC today. Our legal team is ready to provide the knowledgeable and compassionate representation you need to resolve your spousal maintenance case fairly.
Contact Camille Borg Law PLLC today to schedule a meeting with our spousal maintenance lawyer in McKinney!
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