In Texas, spousal support, also known as alimony, is called spousal maintenance. It provides a former spouse with monthly payments after a divorce has occurred. This is made as a court order in order to assist the former spouse with financial assistance to cover their minimal reasonable needs. Spousal maintenance is not always given after a divorce. There are some particular factors that the court uses to determine if spousal maintenance is necessary, how much, and for how long the support shall be given.
Spousal Maintenance Eligibility
In order to determine that a spouse is eligible for spousal maintenance, the court looks at many factors surrounding the case. However, the main factors include 1) the financial resources of the spouse who is seeking spousal maintenance, 2) employment opportunities for that spouse, 3) education and vocational training of the spouse, 4) duration of the marriage, 5) age of the spouse, 6) the effort of the spouse in seeking stable employment.
Spousal maintenance may be ordered for those who cannot work outside of the home due to a child’s disability. If a former spouse was convicted of family violence within two years before the divorce, they also may be ordered to pay spousal maintenance. There is also a rule regarding “marriages of long duration” which means, a marriage that has lasted longer than ten years. In those cases, spousal maintenance is ordered depending on the individual facts of that case.
Speak to an Attorney
If you are seeking spousal maintenance or being ordered to pay spousal maintenance, it is crucial that you have the advice of an experienced attorney. They would be able to assist you in understanding how the facts in your case may impact your spousal maintenance payment.
Also published on Medium.