Tarrant County Alimony/Spousal Support Lawyer
Spousal support is an issue that can arise in Texas divorce cases, and it can be a contentious one. If you are facing divorce, you might have concerns about having to provide continual support to your ex-spouse following the conclusion of your divorce case. However, Texas family courts can only order ongoing spousal support in limited circumstances, and the court weighs several factors in reaching this decision.
Whether you believe you need spousal support or you might have to provide support, it is critical that you have the assistance and representation of a Hurst alimony and spousal support lawyer. If you need help in or around Tarrant County, consult with Hoppes Family Law today.
What is Spousal Support?
Spousal support is also referred to as alimony, though Texas law uses the term spousal maintenance. This is support that one spouse might request while the divorce is pending or post-divorce. Spousal support is intended to allow a spouse without sufficient financial resources to meet their basic needs until they can support themselves.
Spouses might agree to certain spousal support in a pre or postnuptial agreement or during divorce negotiations. If they cannot reach an agreement out of court, the decision whether to award spousal support will be in the hands of the family judge.
Spousal Maintenance Eligibility
A spouse requesting support must show that they do not have the means to support their basic needs. Then, they must demonstrate that they meet one of two conditions. First, a spouse can prove that they are unable to earn sufficient income to support their reasonable needs. This requires a showing of one of the following:
- The marriage lasted for ten years or longer
- Their earning ability is hindered by a mental or physical disability
- Their earning ability is hindered because they must care for a child of the marriage who has a mental or physical disability
The second possible condition that might justify spousal support is that the paying spouse was convicted of a family violence offense. The offense must have happened during the marriage and within two years of the divorce filing, or while the divorce case is pending.
Determining the Amount and Duration of Spousal Support
If a spouse meets the above conditions and is eligible for support, the court will then determine how much support payments will be, and how long the support will last. Several factors should weigh into the judge’s decision, including:
- How long the marriage lasted
- How each spouse contributed to the family
- The age and education of each spouse
- The recipient spouse’s employment experience and attempts to find sufficient employment
Then, the judge will decide whether to order the full support, no support, or somewhere in between. Full support is considered to be 20 percent of the spouse’s income or $5,000 per month, whichever is less.
Seek the Legal Guidance of an Experienced Hurst Spousal Support Attorney
If alimony or spousal support factors into your divorce, the dedicated alimony attorneys at Hoppes Family Law – proudly serving Hurst, Bedford, Colleyville, North Richland Hills, and Richland Hills in Texas – are committed to aggressively advocating for terms that adequately cover your financial needs. Your case is important, so please do not hesitate to contact us online or call us at 817-283-3999 today.