Spousal Support Attorney Temple

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.

When judges evaluate spousal support, they also consider the length of the marriage, as longer marriages typically warrant more consideration for spousal maintenance. The court assesses whether one spouse has sacrificed career opportunities or education to support the family or the other spouse’s career, which can impact the decision to award support. Additionally, the presence of any physical or mental disability affecting either spouse’s ability to earn income is a crucial factor.

Another important consideration is the financial resources of both parties, including income, assets, and debts. The court examines whether the spouse requesting support has sufficient property or income to meet their minimum reasonable needs. If not, spousal maintenance may be awarded to bridge the gap.

Domestic violence or family violence issues can also influence spousal support decisions. If the spouse requesting support has been a victim of such violence, the court may be more inclined to grant spousal maintenance to provide financial security during and after the divorce process.

Temporary spousal support is another aspect the court may consider, providing financial assistance to a spouse during the divorce proceedings to maintain stability. This temporary support helps the spouse requesting support manage living expenses until the divorce is finalized and a permanent spousal maintenance order is established.

Overall, the court’s goal is to provide fair and equitable financial support that considers the unique circumstances of each case, ensuring that the spouse requesting support can transition to financial independence while maintaining a reasonable standard of living.

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 spousal support attorneys: at (254) 323-5506.

Temporary Spousal Support

Temporary spousal support, also known as temporary spousal maintenance, is financial assistance ordered by the court to help a spouse during the divorce process. This type of support aims to maintain the financial status quo and ensure that the spouse requesting support has the means to cover essential living expenses while the divorce proceedings are ongoing.

In Texas, temporary spousal support is not automatically granted and typically requires the requesting spouse to demonstrate a lack of sufficient property or income to meet their minimum reasonable needs during the divorce. The court considers various factors, including the financial resources of both spouses, the duration of the marriage, and any physical or mental disabilities affecting the spouse seeking support.

Temporary spousal support payments are usually limited in amount and duration, often capped at a percentage of the paying spouse’s average monthly gross income or a fixed dollar amount, whichever is less. These payments continue until the divorce is finalized or until the court issues a further order.

An experienced spousal support lawyer can help you navigate the process of requesting or contesting temporary spousal support, ensuring that your financial interests are protected throughout the divorce proceedings.

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 our spousal maintenance lawyer so that you have a fighting chance in your spousal maintenance payments case.

How Can a Spousal Support 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 requesting 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 spousal maintenance lawyer 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 payments, but knowing the right levers to pull in court will undoubtedly be advantageous when you partner with Barina Law Group. Speak with an experienced spousal maintenance lawyer today. Call: (254) 323-5506 to get started.