January 18, 2023
What is spousal support in Texas?
Spousal Support in Texas
In Texas, spousal maintenance, also known as alimony, is a form of financial support that one spouse may be required to pay to the other after a divorce. The purpose of spousal maintenance is to provide financial support to the spouse who may have a lower income or who may have taken a lower-paying job during the marriage in order to take care of the home or children.
Texas law does not require a judge to award spousal maintenance, but the judge can award it if the spouse seeking maintenance can prove that they lack the ability to meet their minimum reasonable needs, and that the other spouse has the ability to pay. The court will take into account the circumstances of the parties, such as the length of the marriage, the education and earning potential of each spouse, and whether or not there is a history of domestic violence.
The amount and duration of spousal maintenance will depend on several factors. The court will consider the length of the marriage, the earning capacity of each spouse, and whether or not the receiving spouse has the ability to become self-sufficient.
The duration of spousal maintenance is limited to the shorter of five years or the length of the marriage. However, this duration can be extended in certain circumstances, such as if the spouse receiving maintenance is disabled or has young children.
It is important to note that in Texas, spousal maintenance is not awarded as a right, but rather as a form of relief for a spouse who has the need for support, and the other spouse has the ability to pay.
In conclusion, Spousal maintenance is a way to provide financial support to a spouse after divorce in Texas, it is not guaranteed and the court will take into account the circumstances of the parties, the length of the marriage, the earning capacity of each spouse and whether or not the receiving spouse has the ability to become self-sufficient. The duration of spousal maintenance is limited and can be extended in certain circumstances.
If you’re wanting Spousal Support or Spousal Maintenance, you need to contact the Fetty Firm, P.C. to see if your case qualifies.