Spousal Maintenance And Support: Understanding Your Options In Round Rock
Divorce can bring significant financial challenges, especially when there’s a disparity in income between spouses. In Texas, the law provides for both spousal maintenance (post-divorce) and spousal support (during the divorce) to address these challenges. Understanding the differences and eligibility requirements is crucial to protect your financial well-being. Our spousal maintenance attorneys can help answer your questions and help you get started.
Advocating For Your Financial Security
We recognize that divorce isn’t just about ending a marriage; it’s also about securing your future. With over 25 years of combined experience, the attorneys at Winnie A. Bates, Attorney at Law, provide candid advice and dedicated representation, helping you navigate the complexities of spousal maintenance and support.
Spousal Maintenance: Post-Divorce Support
Spousal maintenance, often called alimony, is financial support paid by one ex-spouse to the other after the divorce is finalized. In Texas, eligibility for spousal maintenance is limited. You must have been married for at least 10 years, and you must demonstrate a lack of sufficient property or the inability to earn enough income to meet your minimum reasonable needs.
The court considers various factors when determining whether to award spousal maintenance and its amount, including:
- The length of the marriage
- Each spouse’s earning capacity and education
- The contributions of each spouse to the marriage
- Any history of family violence
Spousal maintenance can give you the financial support you need to meet your needs. Our skilled spousal maintenance attorneys at Winnie A. Bates, Attorney at Law, can help you learn more about maintenance, support and other family law concerns.
Spousal Support: Temporary Relief During Divorce
Spousal support, unlike maintenance, is temporary financial assistance provided during the divorce process. It’s designed to ensure that the lower-earning spouse can maintain their standard of living and meet their basic needs while the divorce is pending. Eligibility for spousal support is generally broader than for maintenance, and the duration is limited to the pendency of the divorce.
What is the process for applying for spousal maintenance or support?
To be eligible for spousal support, the dependent spouse must show that they cannot meet their “minimum reasonable needs” through their own resources. In addition, one of the following conditions must apply:
- The paying spouse has been guilty of an act of domestic violence against the dependent spouse or their child within two years of the divorce petition or while the divorce was pending.
- The marriage endured for at least 10 years and the dependent spouse is disabled, is the primary caretaker of a disabled child from the marriage or cannot provide for themselves through their own earnings for some other reason.
- The dependent spouse is an immigrant who is protected by an affidavit of support signed by the other spouse.
- The spouses have agreed upon the payment of spousal support.
Spousal maintenance (alimony) is generally requested as part of the divorce petition.
What documentation or evidence is needed to support a claim for spousal maintenance or support?
A dependent spouse will generally need to provide the court with evidence about their financial resources, their educational background, their employment skills, the duration of the marriage, their health and age (if disability or age factors into their ability to provide for themselves), their prior search for employment and their capacity to obtain the education or training they might need to become self-sufficient.
How does a history of family violence impact the court’s decision on spousal maintenance?
When an obligor spouse (the spouse who would be paying support) has been convicted of or received a deferred adjudication for an act of familial violence within two years of the divorce petition or during the divorce process, the length of the marriage becomes irrelevant to the court’s decision regarding support.
Can spousal maintenance or support be modified after it has been awarded?
Either spouse may request a change in spousal maintenance amounts whenever there has been a “substantial and material change” in their financial circumstances.
What happens if the paying spouse fails to make the required payments?
If a paying spouse fails to make payments as required by the court, the receiving spouse can ask the court to enforce the order. That can ultimately result in consequences such as fines, wage garnishment, liens on their bank account, tax return offset, suspension of their driver’s license or professional licenses, or jail time.
Straightforward Guidance For Complex Issues
Whether you’re seeking spousal maintenance or support, we provide clear explanations and realistic expectations. Contact our spousal maintenance attorneys at Winnie A. Bates, Attorney at Law, today at 512-877-6255 or through our online contact page to schedule a consultation. Let’s discuss your situation and explore the best path forward to protect your financial interests.