If you have decided to end your marriage, you may be concerned about supporting yourself and your children after separating your finances from your ex. This may be particularly true if you decreased your income or even put your career on hold to take care of your home and family.
An experienced Pflugerville spousal support lawyer could answer any questions you have about potential financial aid after divorce. Our family law attorneys could work to protect your financial future and determine your eligibility to receive support.
Even in a long-term marriage, spousal support is not guaranteed under current law. The parent seeking alimony must prove that a support award is justified based on the facts of their case. Additionally, even if a judge awards support, they will likely only do so on a temporary basis until a spouse can get a job or receive the necessary training to become self-supporting. Under Texas Code Family Code §8.052, a judge may consider specific factors when determining if spousal support is appropriate. Some of these factors include:
A court may also consider certain spousal misconduct when determining alimony. For example, a spouse who committed adultery or attempted to hide or destroy marital property to the other party’s detriment could be ordered to pay more spousal support, depending on how that conduct impacted the other spouse’s financial situation. A Pflugerville attorney could further explain these factors and how a judge might apply them in a particular spousal support case.
Regardless of how long a couple’s marriage lasted, not every parent will receive alimony in a divorce action. To qualify for spousal maintenance, a party must lack sufficient income or property to reasonably meet their needs and those of their children. Additionally, one of the following criteria must also apply:
Even though there are statutory mandates for spousal support eligibility, every alimony case is different. As such, a parent should consult a skilled attorney in Pflugerville to determine how these criteria might apply to their spousal support case.
Texas law sets forth specific statutory amounts and terms that generally dictate spousal maintenance orders. Under Texas Family Code §§8.043 and 8.055, a judge can order alimony for up to five years if the couple’s marriage lasted up to 20 years and up to ten years for a marriage of 30 years or more. Certain limitations on the spousal support amount also apply. For example, a judge typically cannot award alimony that exceeds the lesser of $5000 per month or 20% of the paying party’s gross monthly income.
When parties agree on alimony in their case, they may set the amount and duration as they see fit. However, if they disagree, a judge must follow state law guidelines when determining the amount and term of spousal maintenance.
With your family’s financial wellbeing at stake, get legal advice from a skilled Pflugerville spousal support lawyer. Our firm’s experienced attorneys know could help you build a case for fair spousal maintenance.