Proficient Guidance From Texas Spousal Support Lawyers In Austin
Divorce Attorneys Assisting With Alimony And Spousal Maintenance Issues In Travis County
Texas was the last state in the U.S. to provide for post-divorce spousal support, but Texas law now allows for courts to order such payments in certain circumstances. Our board-certified family law attorneys at Powers Kerr & Rashidi, PLLC, can help guide you through what situations may entail the ordering of post-divorce maintenance payments, as well as what payment amounts and durations are possible.
How Spousal Support Is Decided In Texas
The purpose of spousal support, or spousal maintenance, is to provide financial assistance to a spouse who cannot meet their basic needs, helping them achieve self-sufficiency. In Texas, spouses can request spousal support, but not all of them qualify for it. The court considers factors to ensure a fair determination of spousal support, including:
- Length of the marriage
- Age, health and employment history of both spouses
- Earning capacity and employability of each spouse
- Education and employment skills of each spouse
- Financial resources of each spouse
- The ability of the paying spouse to make support payments
- Contributions of each spouse to the marriage
The court orders spousal support in specific situations, such as physical or mental disability, caring for a special-needs child, marriages lasting over 10 years or if the obligor spouse was convicted of or received deferred adjudication for family violence within the last two years. Spousal support payments are capped at the lesser of 20% of the paying spouse’s average monthly gross income or $5,000 per month.
Temporary Spousal Support Amid The Divorce
Temporary spousal support or “pendente lite” support can be ordered during the initial separation period before the divorce is finalized. It may be needed when any of the following happens:
- One spouse has a significantly lower income than the other.
- A spouse has limited financial resources or assets.
- One spouse is caring for children or dependents.
- A spouse has incurred significant expenses related to the marriage or children.
- One spouse has contributed to the other spouse’s education or career.
Temporary spousal support can provide critical financial assistance during the divorce process. By working with an experienced lawyer at Powers Kerr & Rashidi, PLLC, you can ensure the protection of your rights and interests while seeking spousal support.
How Long Does Spousal Support Last In Texas?
The duration of spousal support in Texas varies depending on the circumstances of the case. In general, the court may award it for:
- Up to 5 years for marriages under 10 years if the paying spouse was convicted of domestic violence
- Up to 5 years for marriages 10 to 20 years long
- Up to 7 years for marriages 20 to 30 years long
- Up to 10 years for marriages over 30 years
Spousal support may be indefinite if their dependent child or the petitioning spouse is disabled, provided the basis for spousal support persists. Meanwhile, the cohabitation with a new partner or remarriage of the recipient spouse leads to the termination of spousal support.
Common Reasons For Texas Spousal Support Modifications
Spousal support orders are not set in stone, and changes in circumstances can warrant a modification. Some common reasons for a spousal support modification are:
- A significant change in income or employment status
- A change in the recipient spouse’s ability to become self-sufficient
- A significant change in the cost of living or expenses
- A change in the payor spouse’s financial circumstances
To modify spousal support, a spouse must file a motion with the court, providing evidence of the changed circumstances. The court will review the request and make a determination based on the circumstances of the case.
How A Spousal Support Attorney In Austin Can Help
Texas law does not recognize a legal status of “separated” (as it does for “married” and “divorced”), so payment of temporary spousal support can be a critical issue from the outset of any divorce. Knowledgeable family lawyers can be invaluable in preparing arguments and evidence justifying the need for such support for their clients. They will work closely with you to develop a full accounting of your expenses and income – but, this is only the beginning of the process.
Effective spousal support attorneys must also be able to help you prove to a judge that you have limited future earning potential. Perhaps your contributions to the marriage have consisted of caring for the home and children. Or maybe you have assisted your spouse’s education or career at the expense of your own training needed to secure future employment. In these and other situations, you will need a skilled advocate on your side to justify the need for ordering of or modifying spousal support.
Contact A Seasoned Texas Spousal Support Lawyer In Austin
You should not assume that you will automatically qualify to receive financial support from your spouse after divorce. Instead, you will need to ensure that you have sufficient, appropriate evidence to back up your claims. Our Texas divorce lawyers have the requisite experience to help you present the detailed financial accounting you will want to justify your request for spousal support.
Our attorneys at Powers Kerr & Rashidi, PLLC, have 70 years’ worth of combined experience in resolving spousal support and other family law issues. If you are seeking guidance on spousal support, contact our Austin law firm today at 512-593-7560 or fill out our online form to arrange a consultation on how we can guide you toward your best possible financial future.