Divorce Attorney for League City TX

Protecting your best interest in all divorce matters including determinations of spousal support.

In some instances, a spouse may be eligible for spousal support, also known as alimony or, in Texas, “post-divorce maintenance.” During divorce, the judge may order that one spouse make continuous payments to the other spouse to provide financial support after the marriage has been officially dissolved. A spouse is only awarded maintenance in certain qualifying incidences. Furthermore, the judge will determine how much the support award will be and how long the support will last.

If you are facing divorce, you already have enough to deal with. Divorce is a major change for any family. The legal battles can pour on even more stress. Let the dedicated family law attorneys at Scott M. Brown & Associates help ease your burden through this difficult time. Our attorneys are here to protect your best interests in all divorce related legal matters.

Who Qualifies for Spousal Support in Texas?

A spouse must meet certain criteria to qualify for spousal support. First and foremost, it must be established that the spouse seeking support does not have the financial ability at the time of the divorce to provide for his or her basic needs. Additionally, one of the following must apply:

• The spouse seeking support does not have a high enough income to provide for basic needs due to a physical or mental disability;
• The spouses had a marriage lasting 10 years or more and the spouse seeking support cannot earn enough income to provide for his or her basic needs;
• The spouse seeking support has custody of a child of the marriage requiring special care and supervision due to a mental or physical disability which prevents the custodial spouse from earning enough income to meet basic needs; or
• One spouse has been convicted of committing family violence against the spouse or the other spouse’s child during the marriage, if the violence occurred during divorce proceedings or two years prior to filing the divorce action.

A spouse must still show the court, except if a conviction of family violence is involved, that he or she has made a good effort to earn sufficient income or develop skills that would lead to earning income sufficient to meet basic needs during separation and divorce proceedings.

Once the court has decided to award spousal support, the judge will next determine how much the award should be and how long it should last. The judge will consider factors such as:

• The financial resources of each spouse at the time of divorce;
• The length of the marriage;
• The age, employment history, and earning ability of the spouse seeking support;
• The physical and mental health of the spouse seeking support;
• The amount of property each spouse brought into the marriage; and
• Whether either spouse will make child support payments and if these payments would affect that spouse’s ability to make spousal support payments as well as meeting his or her own basic needs.

Texas law places a limit on the amount of the monthly spousal support payment. Each monthly payment cannot exceed the lesser of $5,000 or 20% of the paying spouse’s average monthly income. Additionally, how long the paying spouse will have to make spousal support payments will largely depend on the length of the marriage. For example, if the marriage lasted between 20 and 30 years, spousal support payments can last up to 7 years. If the marriage lasted 30 years or more, spousal support payments can last up to 10 years after divorce.

Spousal support determinations can have a significant impact on your financial future, contact our League City TX family law attorneys today.

Spousal support decisions, whether you are the one seeking it or a spouse contesting it, can substantially effect your financial well-being for a long time. The family law attorneys at Scott M. Brown & Associates are here to make sure that your best interests are protected in all spousal support hearings. We are here to make sure your legal interests are protected. Contact us today to talk to us about any issues regarding spousal support or divorce by calling (281) 612-8241 or go online.