Spousal Support & Maintenance
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In Texas, Alimony is referred to as Spousal Support or Maintenance.
Divorce is an incredibly difficult time for both spouses in a marriage. Not only are they forced to adopt a new normal, but they may also have disputes regarding property ownership, custody arrangements, child support, and spousal support.
Unfortunately, not all divorces can be ended amicably. It’s important to contact an Austin divorce attorney when disagreements arise. At the Law Office of Brandon Bledsoe, our spousal support attorneys in Austin, Texas, can assist you with understanding and defending your legal rights during a divorce.
Understanding Texas Spousal Support Laws
In the state of Texas, spousal support and maintenance are allowed. However, to be awarded, certain qualifications must be met.
Under current law, one spouse must not have enough of their own property or funds to provide for their basic needs in order to qualify for spousal support. They must also meet one or more of the following criteria:
- The marriage must have lasted at least ten years
- A spouse must not have the ability to earn money to meet their basic needs
- The spouse must have a disability that prevents them from earning money
- A spouse is taking care of a special needs child that prevents them from working
Spousal support may also be awarded if a spouse was convicted of family violence within two years of filing the divorce petition.
If you feel that you meet the requirements for spousal support or if you are being asked to pay spousal support, contact an Austin divorce lawyer for legal advice. The Law Office of Brandon Bledsoe has highly trained spousal support lawyers who are intimately familiar with all aspects of family law. We are dedicated to assisting you.
How Long Will Spousal Support Be Required?
Texas law limits the length of time that spousal support may be paid. In cases in which the spouses were married for 10 years or more or there was a conviction for family violence, spousal support or maintenance payments may be ordered for 5 years.
If the parties were married at least 20 years, payments can be put in place for 7 years. In marriages that last for 30 years or more, spousal support can be required for 10 years. Finally, in cases in which a spouse is severely disabled or caring for a disabled child, support may continue indefinitely.
A divorce attorney in Austin can assist you in understanding your legal rights related to spousal support and maintenance. The Law Office of Brandon Bledsoe has significant experience in providing legal advice for individuals going through a divorce.
What Is Considered by the Court When Determining Spousal Support & Maintenance?
There are a number of different factors that the family law court will consider when determining whether spousal support is appropriate. A few of these include the following:
- Ability of each spouse to meet their own needs at the time of divorce
- Education and employment of each spouse
- Length of the marriage
- Physical and mental health of both spouses
- Difficulty of each spouse to pay child support and meet their own needs
- Actions of either spouse that led to significant financial problems or fraud
- Contribution of one spouse to the other’s earning potential
- Property either spouse contributed to the marriage
- Misconduct related to the marriage
- Any act or history of domestic violence
Each of these factors are important considerations that will be diligently considered in a family court of law.
Schedule a Consultation with Our Austin Spousal Support Attorneys Today
It can be difficult to sort through all of the issues when a marriage dissolves. Everyone deserves to know their legal position when it comes to spousal support and maintenance. Reach out to the Law Office of Brandon Bledsoe for a consultation with our skilled spousal support lawyers in Austin, TX, today. We can assist you in understanding your rights when you’re going through a divorce.
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