February 24, 2020
Spousal Support Laws in Texas
Spousal support, formerly referred to as spousal maintenance, is a court-ordered alimony payment. Court’s make decisions based on available evidence. As such, it is important that you have a knowledgeable family law attorney by your side to make sure you have the best representation possible. Rashelle Fetty and The Fetty Firm can guide you to the best settlement possible.
Do You Qualify?
Courts can order support if the petitioning spouse lacks enough in property or assets for basic necessities. In addition, one of the following circumstances must be met:
- If a spouse is convicted of an act of family violence against the other spouse or a child during the marriage. These incidents must have occurred during the divorce proceedings or within two years of filing for divorce.
- The petitioning spouse has a physical or mental disability that prevents them from earning adequate income for basic necessities.
- The petitioning spouse has custody of a child from the marriage, and this child is in need of special care for either physical or mental disabilities, causing the parent to be unable to make enough income for basic needs.
What Influences the Court’s Decisions?
Unless there’s a conviction for family violence, the court will begin with the assumption that spousal support is not necessary. With that being said, it’s important that you have an experienced attorney to give you the best chances of getting what you deserve.
If spousal support is appropriate, the court will then determine the amount to award based on several factors, including.
- Available assets at the time of divorce
- The employment and educations certifications of each spouse
- How long the marriage lasted
- The petitioners’ age, employment history, ability to earn, physical health, and emotional health
- Child support
- Destruction, concealment, or fraudulent disposal of joint property
- Marital improprieties such as adultery or abuse
- Family violence history
- Property that each spouse bought into the marriage
Furthermore, spousal support is very limited, lasting anywhere from five years to ten years, depending on how long the marriage lasted.
For the best chances of getting the right settlement, choose Rashelle Fetty and The Fetty Firm. We’ve helped countless clients with family law cases, and we look forward to helping you. You can reach us by calling (214) 546-5746.