Can I Receive Spousal Support Following My Texas Divorce?

 Posted on January 17, 2023 in Divorce

If you are currently going through a divorce in Texas, you may be wondering if you are entitled to receive spousal support. While the answer is not always easy to determine, there are some general rules and guidelines that can help guide your understanding of how spousal support works in the Lone Star State.

What Is Spousal Support?

Spousal support—sometimes referred to as "alimony"—is an economic contribution from one spouse to the other following a divorce. Generally speaking, it is designed to provide financial stability to a spouse who may have been financially dependent on their partner during the marriage. Depending on the circumstances of each case, spousal support may be ordered by a court or agreed upon by both parties during mediation or the negotiation of a divorce settlement.

The Texas Family Code details the eligibility requirements for spousal support, which it refers to as "maintenance." Generally, a person will be eligible to receive maintenance if a couple was married for at least 10 years, and the spouse seeking support will be unable to provide for their own needs following the divorce. Maintenance may also be awarded if a spouse has a disability that prevents them from earning sufficient income to support themselves, if they cannot earn sufficient income because they will be providing care for a child of the marriage who has a disability, or if the other spouse committed family violence within two years before the couple's divorce case began.

Texas law also details the factors that may be considered to determine the amount of spousal support that will be paid and the length of time that these payments will last. These factors include the length of the marriage, the spouses' respective employment skills and levels of education, their ability to independently meet their own needs, contributions by the spouses to each other's education or careers, separate property owned by each party, contributions a spouse made to the marriage as a homemaker, any actions to conceal or waste marital assets by either spouse, and marital misconduct (such as adultery or abuse) committed by either spouse during the marriage.

Types of Spousal Support in Texas

There are two types of spousal support available in Texas: temporary and long-term alimony (also known as permanent alimony). Temporary alimony is typically awarded while a divorce is still pending so that one spouse can maintain their current lifestyle until permanent orders have been set by a court or agreed upon during negotiations. Permanent alimony payments are meant to continue after the divorce has been finalized. "Permanent" spousal support may last for a limited amount of time, or a spouse may be required to make payments indefinitely. In most cases, permanent alimony will end when the recipient remarries or when either party passes away.

Contact Our Galveston County Spousal Support Lawyer

When it comes to determining eligibility for spousal support in Texas, every case is unique and must be evaluated on its own merits by a qualified family law attorney. If you believe that you have grounds for requesting either temporary or permanent spousal support during your divorce proceedings, Daniel R. Bacalis, P.C. can advise you of your options and advocate for you to receive the support you need. To learn more about how we can assist with your case, contact our Galveston spousal maintenance attorney at 409-392-1511 and set up a free consultation.

Source:

https://statutes.capitol.texas.gov/Docs/FA/htm/FA.8.htm