Understanding Spousal Support Laws in Texas
One of the most contentious issues during a divorce often concerns spousal support. Spousal support or maintenance can be difficult to receive through a court order in Texas. The state severely limits who can receive it and how much they will get unless it is contractually agreed to. Whether you are seeking spousal support or seeking to stop the court from ordering spousal support, you will want to speak to an El Paso spousal support lawyer about your rights.
At the Quiñonez Law Firm, our legal team understands the difficult and often emotionally charged issues surrounding spousal support during divorce proceedings. We can help you navigate the entire process, working to ensure that your family, your assets, and your rights are protected. If you are going through or thinking of filing for divorce in El Paso, call (915) 533-0009 to schedule a confidential consultation.
Does Texas Award Alimony in a Divorce?
Unless there is a contractual agreement in place, Texas does not automatically award alimony or spousal support in a divorce. The state strictly limits who can qualify for spousal support or maintenance. In general, the courts will only award spousal support when the requesting spouse can show that they would have insufficient property to meet their minimum reasonable needs after a divorce.
They must also be able to show, with the assistance of a spousal support lawyer, that they cannot meet their needs in the future because they are disabled, caring for a disabled child, were married for at least ten years, and were unable to gain the skills necessary to be self-supporting, or were the victim of domestic violence within the past two years.
What Disqualifies a Person from Spousal Support?
There are several things that may disqualify you from receiving spousal support in Texas. It is important to consult with a spousal support lawyer to determine if you are eligible.
Things that may disqualify you from receiving spousal support:
- Getting married. If you cohabitate with another person or get remarried, you may not be eligible for spousal support.
- Receiving education. If you obtain or are able to obtain the skills and knowledge necessary to return to the workforce and be self-supporting, you may be disqualified.
- Obtaining substantial property. Alimony or spousal support will not be awarded if you receive substantial property in the divorce.
It is important to note that there are several factors that may affect your ability to receive spousal support or the amount of alimony you are entitled to receive. Working with a spousal support lawyer in El Paso can help you understand what to expect throughout the process.
What Is the Maximum Spousal Support in Texas?
Under Texas law, spousal maintenance payments may not exceed $5,000 or 20% of the person’s average monthly gross income, whichever is less. The amount of time that a person can receive alimony generally depends on the length of the marriage and if they can earn sufficient income to support themselves.
What Factors May Affect Spousal Support?
There are several factors that may affect a person’s right to spousal support in Texas. The state may look at each spouse’s ability to provide for themselves, their education and employment skills, the duration of the marriage, and marital misconduct such as adultery, to name a few.
Contact Our Firm to Learn More About Spousal Support
Whether you are seeking to establish spousal support or are fighting the issuance of alimony, our legal team can help. Contact our office to speak with a spousal support lawyer in El Paso today. We will help you navigate the divorce process and work to ensure you receive the best possible outcome in your family law case. Call (915) 533-0009 today.