When Spousal Support May Be Granted | The Different Types of Alimony | When Can It Be Terminated?
Are you considering filing for divorce, but concerned about the prospects of paying or receiving spousal support? Though the concept of alimony or spousal support has changed dramatically over the last 50 years, as more and more families have both parents working outside the home, it’s still available in Texas under very specific circumstances for a limited time, and is referred to as spousal maintenance or spousal support.
How Does the Court in Texas Determine Whether Spousal Maintenance is Warranted?
While spousal maintenance is available in Texas, it is never mandatory, but will always be at the discretion of the court. Spousal support may be awarded to either party to a marriage, based on a number of factors:
- The length of the marriage–A marriage lasting 10 years or more qualifies for spousal maintenance. The court may make an exception, in some circumstances, if there has been domestic violence.
- The financial resources of both parties—The court will look at the needs of the party seeking support, as well as the ability of the other party to pay this. This will also typically include an assessment of the receiving party’s earning potential, factoring in education, job experience, health and age of the recipient.
- The extent to which either party engaged in dissipation of marital assets or in marital infidelity
- The financial resources available to both parties, including any pre-marital property
What Are the Different Types of Spousal Maintenance that May Be Granted in Texas?
A grant of spousal support in Texas may be either temporary during the divorce or longer, depending on the length of the marriage and other factors. In addition, it may require periodic payments or may be made in a single, lump-sum payment.
An award of temporary spousal maintenance will generally be either for a specified period of time or until some event occurs, such as the completion of job training or the attainment of self-sufficiency.
A spouse who contributes financially to the other party’s education, business or career potential may also ask the court for reimbursement support to recover some of those expenses.
When Will Spousal Support in Texas Be Terminated?
A number of events can lead to the termination of any obligation to pay alimony:
- The remarriage of or cohabitation by the receiving spouse
- The death of either spouse
Contact The Loftin Firm for Experienced and Aggressive Divorce Counsel
Good results don’t just happen. They’re a product of experience, skill, knowledge and hard work. That’s the advantage you’ll get with The Loftin Firm. Over the past quarter of a century, we have represented countless men and women in Texas divorce proceedings, including controversies regarding the payment of spousal support. We can anticipate the arguments of opposing counsel and take the necessary steps to protect your rights.
Contact The Loftin Firm online or call the office at 817-441-8933 to set up an appointment. There is no cost or obligation for your first meeting.
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