Katy Spousal Support Lawyer

What is spousal support?

The state of Texas expects married couples to provide for each other while married. If the couple is pursuing a divorce, Texas courts may order a temporary spousal support order to help support a spouse while the divorce is pending. These alimony payments are temporary; however, and will no longer be ordered once the divorce is final. Post-divorce support is a different order entirely and requires the grant from a Texas court. There are strict guidelines for a spouse to seek maintenance after a divorce is finalized. If you have questions regarding spousal maintenance in Texas, contact a Katy spousal support lawyer from Adams Law at any time.

Eligibility for Spousal Support in Texas

In order to seek this type of maintenance after a divorce, a spouse must lack sufficient property after the divorce in order to provide him or herself with reasonable needs. On top of that, one of the following must be true:

  1. The spouse that will be paying support must have been convicted (or have received deferred adjudication) for some type of family violence under Texas law. This act had to have been committed during the marriage or when the divorce was pending.
  2. The spouse that is seeking support is not able to earn sufficient income to provide for his or her reasonable needs and one of the following is true:
  3. The marriage lasted for at least 10 years
  4. The inability to earn sufficient income is due to a mental or incapacitating physical disability
  5. The inability to earn sufficient income is due to responsibilities as the custodian of a child in the marriage. The child of the marriage must have some requirement for significant care and supervision due to a disability

If you do not fit into one of the following categories, you may not be eligible to pursue spousal maintenance. Also, just because you are considered eligible for post-divorce support does not necessarily mean that you will receive it. The court still has the decision ahead of them after looking into several factors.

Determining Spousal Support in Court

After you are deemed eligible to pursue support, the court will then decide whether or not you will actually receive it. The order will specify the amount ordered as well as the length of time that it will be ordered. The factors taken into consideration by the court include:

  • Education background of the spouses
  • The length of the marriage
  • The age of the spouse requesting support
  • Employment history of the spouses
  • Any instance of infidelity
  • The requesting spouse’s contribution to the family as a homemaker
  • The requesting spouse’s effort to find some type of employment

The decision following could be that the spouse will not receive any support, they will receive the maximum support allowed or some amount in between.

There is also the option of coming to an alimony or support agreement through a contract with your spouse. The order does not necessarily need to be made in court. If you can come to an agreement with your spouse regarding an alimony payment, you may be able to avoid court altogether. Team up with a family lawyer in Katy that can help you through this process.

Adams Law Can Help With Spousal Support Cases

If you are going through a divorce and interested in seeking spousal support, contact our firm. Our attorneys havemore than 35 years of experience assisting clients in their divorce and family law matters. We can help you determine if you are eligible for support and also help you pursue it through a contract or in court. Contact Adams Law today for the help you need!

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