Alimony Attorney in Spring, Texas
Divorce often has both immediate and long-term economic consequences on the couples involved. In order to cushion the economic impact of the marital dissolution, the Texas court may order one spouse to provide reasonable and necessary financial support to their estranged partner for a period during or after the divorce. Any amount received through spousal maintenance will help cater to their financial needs and maintain their standard of living.
If you are thinking about a divorce and want to know your rights and options regarding alimony or spousal maintenance, you need to reach out to a Texas family law attorney for reliable advocacy. Attorney Robin Scott has everything necessary to help clients in the legal matters of family law and alimony. She will listen to your personal situation and determine your eligibility to pay or receive alimony.
Robin Scott Law Firm, PLLC proudly serves clients across Spring, Texas, and surrounding areas throughout Montgomery, Harris, and Fort Bend counties.
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Overview of Alimony in Texas
Alimony is a court-ordered provision or financial support from a spouse to their estranged partner during or after a divorce. In Texas, the family court may order the higher-earning spouse to provide financial assistance – in the form of spousal maintenance – to the unemployed or lower-earning spouse.
Furthermore, the spouse who would be making spousal support payments is referred to as the obligor. The spouse that receives the payment is known as the obligee. In addition, the Texas court will consider various factors to determine the amount and duration of spousal maintenance.
Types of Spousal Support in Texas
However, there are two types of post-divorce spousal support that are recognized in Texas. These include:
Contractual alimony is spousal support that both parties agree to receive or pay once the divorce has been finalized. Generally, contractual alimony can be agreed between spouses without the court's intervention. Also, the agreed-upon terms must be included in the divorce settlement.
Court-Ordered Spousal Maintenance
Conversely, court-ordered spousal maintenance is spousal maintenance that is imposed by the court. In spousal maintenance, the court will order one spouse to make periodic payments to their estranged partner. Only individuals who are eligible will receive court-ordered spousal maintenance in Texas.
Who Is Entitled to Spousal Maintenance?
In order to qualify for court-ordered spousal maintenance, the following requirements must be met:
the spouse requesting for maintenance must lack sufficient property after the divorce to provide for their minimum reasonable needs.
the obligor or paying spouse must have been convicted of or received deferred adjudication for a family violence crime against the other party or their child within two years prior to the divorce petition, or
the couple was married for 10 years or more, and the spouse requesting maintenance is unable to earn a sufficient income due to a disability, incapacitation, or child custodian responsibilities.
An experienced Texas alimony attorney can determine your eligibility to pay or receive spousal maintenance and fully explain how the court determines the amount and duration of spousal support.
Factors Considered When Determining the Type, Amount, and Duration of Alimony
To determine the amount and duration of court-ordered spousal maintenance, the Texas court will consider the following factors:
the duration of the marriage
the financial resources that are available to each spouse
the ability of each spouse to provide for their reasonable needs
the educational and employment background of each spouse
the time needed by the recipient spouse to complete additional education, skill, or training which will help them become self-supporting
the age, physical and emotional health, and earning capacity of the requesting spouse.
the separate and marital assets available to each spouse
the contribution of either spouse as the homemaker
the marital conduct or misconduct of each spouse during their marriage
A trusted Texas spousal support lawyer can help protect your maintenance rights and work meticulously with both parties to address any support issues productively.
Making Changes to Current Maintenance Awards
Furthermore, you may be able to change the specific amount or duration of spousal maintenance. In order to modify court-ordered spousal maintenance, the requesting spouse must show that there has been a "substantial change in circumstances" since the current maintenance award was made.
Some common reasons to seek spousal maintenance modification include involuntary job loss, remarriage, and significant increase or decrease in income. However, support payments will terminate once the duration ends, cohabitation or remarriage of the oblige, or the death of either spouse.
Discover Your Options Today
Filing for divorce in Texas often involves a lot of complicated procedures and paperwork. In addition, it can be quite difficult to establish a fair divorce settlement and maintenance agreement with your estranged spouse. Therefore, when considering a divorce, consulting with a trusted family law attorney is paramount for proper guidance and to help protect your legal rights.
Attorney Robin Scott is poised and ready to assist and direct clients through the challenges involved in marital dissolutions. Whether you want to establish or modify court-ordered spousal maintenance, Robin Scott can walk you through the legal procedures and help you navigate key decisions.
Alimony/Spousal Support Attorney Serving Spring, Texas
If you need assistance in establishing or making changes to a spousal maintenance agreement, contact Robin Scott Law Firm, PLLC today to discover your options.. Attorney Robin Scott has the strong legal counsel and dedicated support you need. The firm is proud to serve clients throughout Spring, Montgomery, Harris, and Fort Bend counties, Texas.