Spousal Support Attorney in Temple Helping You Get the Spousal Support You Deserve After Divorce
Spousal support—also known as alimony—is not automatically granted after a divorce. Another misconception regarding spousal support is that it’s meant to afford a spouse the same lifestyle they were accustomed to during the marriage. This is not the case in Texas.
When the judge awards spousal maintenance, it’s meant to ensure minimum reasonable needs are met post-divorce. It gives one spouse, typically the lower income earner, the time and space needed to go back to school for training or find adequate employment.
Our attorneys with Barina Law Group can review your case and determine the likelihood of alimony and a potential sum based on your and your spouse’s finances. Some formulas help the court decide alimony payments, though every case is at the judge’s discretion.
Whether you have to pay or need to receive spousal support, we can help both parties agree on fair and mutual terms or fight for spousal support if certain circumstances demand it. Call our attorneys to discuss your divorce case today: (254) 323-5506.
What Are General Spousal Support Considerations in Texas?
In reviewing alimony payments as part of divorce proceedings, the judge will consider various factors as a baseline. However, both sides can voice their side and address any concerns. Considerations include:
- A spouse that’s a stay-at-home parent or homemaker
- Who might be at fault in the divorce
- Financial needs of each spouse
- How property is being divided between both spouses
- Education, training, and overall skills of both spouses
- Assets awarded to one or both spouses if they can help meet reasonable needs (such as the primary residence, for example)
In all divorce negotiations, we aim for the best possible outcome for our clients. Every relationship is different; some spouses try to work things out together, while other situations demand our legal intervention and mediation to ensure a fair resolution.
Alimony is a hot-button issue; with our help, we can ensure your needs and wants are met. Don’t let alimony get away from you—call our attorneys to discuss your rights: (254) 323-5506.
Who Qualifies for Spousal Support?
There is no court-ordered alimony in Texas. For this reason, both spouses must agree upon any spousal support. The Texas Family Code, however, recognizes limited instances in which a divorced spouse might need financial help for a temporary period. This might be due to a mental or physical disability.
In other cases, a judge might consider extending alimony to a lower-income earner if they were a homemaker during the marriage, cared for the children, and were out of the job market for several years. One spouse must prove that after divorce, they will lack sufficient means and property to meet their reasonable needs.
Referred to as a contractual alimony agreement, this arrangement is agreed upon by both spouses in divorce proceedings. As the court has strict standards regarding alimony, hiring our attorneys is a wise choice before you get too deep into divorce proceedings and lose the opportunity to fight for financial support.
As spousal support is granted on a case-by-case basis, contact Barina Law Group to discuss your spousal support needs before it’s too late and the divorce is finalized.
Schedule an initial consultation and speak with our experienced attorneys: at (254) 323-5506.
How is Spousal Support Evaluated?
There are no strict formulas for calculating spousal support as it’s not deemed necessary except under extenuating circumstances. There are, however, guidelines the court follows when considering alimony payments.
A judge looks at relevant factors, including both spouses’ contributions, education, duration of the marriage, age, marital misconduct, and other similar things. The most common types of spousal support agreements are temporary, and there’s a cap on the amount–$5,000 per month or 20 percent of the spouse’s average monthly gross income.
Another consideration is the duration of the marriage. The Texas Family Code says spousal maintenance may only be ordered for spouses married for ten years or longer. A spouse might receive five years of alimony in this case.
Spouses married for 10 or 30 years still have to undergo the same process to prove reasonable needs, even if the court is more prone to award alimony in longer marriages. If you must pay spousal support or you need to fight for maintenance to survive after divorce, contact Barina Law Group so that you have a fighting chance.
How Can an Attorney Help Me?
Even when spouses agree to have an amicable divorce, it’s easier said than done when tough and emotional decisions need to be made. It takes only one disagreement in a divorce case to prolong a case, and often one of the most contentious topics is alimony.
Everyone is out for themselves to ensure they can financially survive after divorce. Because of this, we are your supporter in divorce, alimony, and any other family issue that arises.
The spouse seeking alimony must show they cannot earn sufficient income to support themselves due to a disability, a child’s disability, or the duration of the marriage. Other circumstances for alimony might include an abusive spouse.
Our initial consultation program lets our attorneys know your side of the story and any specific circumstances and details of your marriage we can use in your favor, whether you need to pay or you are the spouse fighting for alimony.
The court is strict regarding spousal support, but knowing the right levers to pull in court will undoubtedly be advantageous when you partner with Barina Law Group. Speak with an experienced family law attorney today. Call: (254) 323-5506 to get started.