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Spousal Support in Angleton, TX

Empowering Your Future: Ensuring Fair Spousal Support in Angleton, TX’s Complex Terrain

Money is often a source of conflict, and many people divorce, assuming that spousal support will be included in the final divorce decree. Determining and arguing over the amount of spousal support (alimony) payments will be their only concern. This is not reality.

Spousal support payments are not given in any divorce. The Texas family court will consider a list of factors before making a determination on spousal support. It is granted only to provide a spouse without sufficient means or property the necessities to maintain a reasonable lifestyle.

Navigating the complexities of spousal support in Angleton, TX, can be challenging and stressful. If you have questions or concerns about your alimony case, it’s essential to seek guidance from experienced and knowledgeable attorneys who understand the intricacies of spousal support laws in Texas.

Our skilled family law attorneys at Scott M. Brown & Associates are here to help you with all your spousal support questions and concerns. Call Scott M. Brown & Associates now for a consultation. 

What Is Alimony?

In Texas, spousal support, also known as alimony or spousal maintenance, refers to the financial payment made by one spouse to the other after a divorce. The purpose of spousal support is to assist the receiving spouse in maintaining a reasonable standard of living and facilitating their transition to self-sufficiency. However, it is important to note that there are specific limits on the amount of spousal support that can be awarded in Texas.

Are there Spousal Support Limits in Texas?

The Texas Family Code imposes limitations on the amount of spousal support that can be ordered. According to the code, the maximum amount of spousal support that a court can award in Texas is either $5,000 per month or 20% of the paying spouse’s average monthly gross income, whichever is lower. This limitation aims to ensure that the paying spouse is not excessively burdened by the spousal support obligation while maintaining their own financial stability.

It is important to note that the specific amount of spousal support awarded will depend on various factors, including the duration of the marriage, the financial resources of each spouse, the education and job skills of the receiving spouse, and any history of family violence. The court will thoroughly consider these factors in determining the appropriate amount of spousal support.

What Are The Different Types of Spousal Support?

In Texas, there are several types of spousal support that may be awarded depending on the circumstances of the divorce. Here are the different types of spousal support commonly encountered in Texas:

  1. Temporary Spousal Support: This type of support is awarded during the divorce process and is intended to provide financial assistance to the receiving spouse until a final settlement is reached. Temporary spousal support helps maintain stability and covers immediate needs such as housing, living expenses, and legal fees.
  2. Contractual Alimony: Contractual alimony refers to spousal support arrangements that are voluntarily agreed upon by the divorcing parties through a legally binding contract. It allows the spouses to negotiate and determine the terms of support themselves, typically as part of a prenuptial agreement, postnuptial agreement, or separation agreement.
  3. Rehabilitative Spousal Support: Rehabilitative support aims to assist the receiving spouse in acquiring the education, training, or employment necessary for achieving self-sufficiency. It involves a structured plan with specific goals, such as pursuing a degree or vocational training, to enhance the recipient’s earning capacity.
  4. Permanent Spousal Support: Permanent support is awarded when there is a significant financial discrepancy between the divorcing spouses, and the receiving spouse requires ongoing assistance to maintain a reasonable standard of living. This type of support continues indefinitely or until certain conditions, such as remarriage or the death of either spouse, occur.

It’s important to note that the availability and applicability of these types of spousal support may vary depending on the specific circumstances of the divorce and the discretion of the court. Consulting with a family law attorney who is knowledgeable about Texas family law is recommended to understand the specific types of spousal support that may be applicable in your situation and to navigate the legal process effectively.

 

Factors Affecting Texas Spousal Maintenance Awards

Every maintenance case in Texas begins with the presumption that spousal support will not be provided unless one of the parties involved in a divorce seeks financial support. However, if requesting spouses can demonstrate that they have made a good faith effort to earn an income or obtain the education or training necessary to become financially independent during the separation and divorce process (and still require support), the court will proceed with an evaluation of maintenance (Tex. Fam. Code Ann. § 8.053).

The court will consider the following factors when determining the nature, amount, duration, and mode of payment of support:

  • The ability of each spouse to provide for their reasonable requirements.
  • The education and employment skills of both spouses, the time required to acquire education or training to enable the supported spouse to earn sufficient income for financial independence, and the length of the marriage should be considered.
  • The age, employment history, earning capacity, and physical and mental health of the spouse seeking maintenance are also taken into account.
  • If child support is relevant, each spouse’s ability to meet demands while paying child support will be considered.
  • Whether any community property was squandered, concealed, destroyed, or otherwise disposed of by either spouse.
  • Whether either spouse contributed to the education, training, or increased earning capacity of the other during the marriage.
  • The property that each spouse introduced into the marriage.
  • A spouse’s contributions as a homemaker.
  • A spouse’s marital misconduct, including adultery and abusive treatment.
  • Any history or pattern of domestic abuse (Tex. Fam. Code Ann. § 8.052).

 

How Do You Get Spousal Support In Texas?

We thoroughly examine each case we take on. In a comprehensive divorce case, we incorporate a strategy for or against spousal support that is prepared as if litigation were absolutely necessary from day one. We can represent and fight for your best interests under any circumstances.

Texas laws are in a near-constant state of change regarding spousal support, which makes the representation of an experienced and knowledgeable attorney all the more necessary. Payments are not guaranteed, but you should not dismiss them as out of the question. If the court determines they should be part of the divorce decree, your finances will be significantly impacted for years.

The court will consider:

  • Length of the marriage
  • Child support payments
  • Number of children
  • Separate and community property and debts
  • Marital misconduct (domestic/family violence and adultery)
  • Age of spouses
  • Education level of spouses
  • Employability and skills of spouses
  • Contributions to the marriage by each spouse
  • Special needs
  • Other factors

Understanding the Duration of Spousal Support in Texas, Excluding Disability Cases

In Texas, the duration of spousal support, also known as alimony or spousal maintenance, is primarily determined by the length of the marriage. However, there are exceptions in cases involving family violence. The Texas Family Code outlines specific timeframes for the maximum duration of spousal support based on the duration of the marriage. Here, we break down these timeframes to help you understand how long spousal support may last.

Under Ten Years (Family Violence): 5 Years Maintenance

In cases where the marriage lasted less than ten years, spousal support is generally not awarded. However, if there is a proven history of family violence, the court may order spousal support for a maximum duration of 5 years.

10 to 20 Years: 5 Years Maintenance

For marriages that lasted between 10 and 20 years, the maximum duration of spousal support is five years. The court will consider various factors, such as financial resources, education, and job skills when determining the appropriate duration of spousal support within this timeframe.

20 to 30 Years: 7 Years Maintenance

If the marriage lasted between 20 and 30 years, the court may order spousal support for a maximum duration of 7 years. Again, the court will consider the specific circumstances of each spouse when determining the appropriate duration within this range.

30+ Years: 10 Years Maintenance

For marriages that lasted 30 years or longer, the maximum duration of spousal support is 10 years. As with the other timeframes, the court will consider the unique factors of each spouse’s situation when deciding the appropriate duration of spousal support.

It is essential to note that these timeframes are the maximum durations for spousal support, and the actual duration may be shorter, depending on the circumstances of each case. Additionally, the court may modify or terminate spousal support earlier if the receiving spouse remarries, cohabitates with a new partner, or if either spouse experiences a significant change in financial circumstances.

Why Do I Need a Texas Family Law Attorney?

Navigating spousal support matters can be complex and emotionally challenging. Whether you are facing a high net-worth divorce or belong to a middle-class family, the expertise of a Texas family law attorney is invaluable. Having a knowledgeable attorney by your side ensures that your best interests and rights are effectively advocated and protected throughout the spousal support process.

Scott M. Brown & Associates is a dedicated and experienced law firm that focuses on family law, including alimony cases. Our team of skilled attorneys is committed to providing personalized and compassionate legal representation to help you achieve the best possible outcome in your alimony case. Here’s how we can assist you:

  • In-depth legal knowledge: Our attorneys thoroughly understand the intricacies of alimony laws in Texas. We can provide insightful legal advice tailored to your situation, ensuring you are well informed about your rights and obligations.
  • Comprehensive case evaluation: We will carefully review the details of your case to develop a comprehensive strategy that addresses your unique needs and goals. Our team will consider factors such as the length of your marriage, your financial resources, and your spouse’s needs to determine the most favorable approach to your alimony case.
  • Skilled negotiation: Our experienced family law attorneys can effectively negotiate on your behalf to reach a fair and equitable alimony agreement with your spouse. We will work diligently to secure the best possible outcome for you, whether that involves receiving or paying alimony.
  • Court representation: If your alimony case proceeds to court, our attorneys will provide strong representation, presenting persuasive arguments and evidence to support your position. We will advocate for your best interests, ensuring the court considers your needs and circumstances fully.
  • Post-judgment assistance: If your circumstances change after the initial alimony order, we can help you request modifications or enforce the existing order. Our team is committed to providing ongoing support and guidance throughout the alimony process.

 

Don’t leave your alimony case to chance. Trust the knowledgeable attorneys at Scott M. Brown & Associates to help you achieve the best outcome for your situation. Call Scott M. Brown & Associates now to schedule a consultation!

Need Legal Help in Texas? Contact Our Texas Family Attorney Now!

Are you dealing with spousal support matters in Angleton, TX? At Scott M. Brown & Associates, we have a deep understanding of Texas spousal support laws and are committed to protecting your rights and advocating for your best interests. Our skilled attorneys have successfully handled numerous spousal support cases and are ready to assist you.

Whether you need guidance on spousal support in Angleton, legal advice on family law matters, representation in criminal law cases, or assistance with personal injury claims, our dedicated team is here to help. We offer personalized attention, strategic advocacy, and a track record of achieving positive outcomes for our clients.

Take the first step towards resolving your spousal support concerns and other legal matters. Contact Scott M. Brown & Associates today to schedule a consultation. Our experienced attorneys specializing in spousal support in Angleton TX are ready to provide the legal guidance and representation you need.

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