Dallas Spousal Support Lawyer

Spousal Maintenance in Divorce

During the divorce process, the court will have the ability to order one partner in a marriage to pay the other for monthly spousal support. Also known as maintenance or alimony, spousal support is often one of the most concerning, impacting, and serious issues in family law.

As your financial circumstances will be greatly affected by spousal support orders, you need to be certain that the firm you choose to work with has the experience, insight, and determination to protect your interests, no matter which side of the courtroom you are on. At the Mathur Law Offices, P.C., our talented Dallas spousal support lawyers are here to meet your needs as you navigate through every aspect of your divorce.

Need Help with Spousal Support?
Speak with an experienced Dallas divorce attorney today to understand your options and protect your rights. Call us now at (888) 867-5191 or contact us to schedule a consultation.

When Is Spousal Maintenance Required?

Unless you have a prenuptial or postnuptial agreement outlining the terms of spousal support, the courts will typically order one spouse to pay the other if he or she lacks sufficient income to meet basic needs.

Some circumstances that may require spousal maintenance include:

• If one spouse has custody of a child with physical or mental disabilities requiring substantial care.
• If the marriage lasted over 10 years and the spouse is struggling to provide for basic living needs despite efforts to obtain employment or job training.
• If one spouse has a physical or mental disability that occurred during the marriage preventing him or her from earning enough income.

How Do Courts Decide on Spousal Support in Texas?

In Texas, a former spouse will be eligible for spousal support when it is determined by the court that they lack sufficient property or the financial means to meet minimum reasonable needs.

A number of factors will be considered when determining spousal support, including:

• Each spouse's financial circumstances, including debts and assets
• The education and employment skills of each spouse and the time needed to acquire education or training to earn a sufficient income
• The length of the marriage
• Age, employment history, earning abilities, and physical or emotional conditions of each spouse
• Marital misconduct, including issues of domestic violence
• Contributions of spouses as homemakers
• Issues involving children, including child custody

Each party will have the opportunity to present evidence that supports their case and their interests in securing or limiting spousal support. Having an attorney by your side is essential to preparing your case and maintaining the best possible chances of obtaining the order you need.

The duration of any spousal support order will also be influenced by similar considerations, particularly the length of marriage. The amount of time is takes for a spouse to become financially independent will also play an important role.

Types of Spousal Support in Texas

When going through a divorce, spousal support can take different forms, depending on your unique situation. Texas law recognizes several types of spousal support:

• Temporary Spousal Support:
  • What it is: This type of support is awarded temporarily during the divorce process before a final decision is made. It is intended to help the spouse who may not have enough income to cover living expenses while the divorce is ongoing.
  • How it works: Temporary spousal support may be awarded to the lower-earning spouse to ensure they have financial support as they go through the legal proceedings.
• Permanent Spousal Support:
  • What it is: Permanent spousal support is not necessarily for life but can last for a long period, typically until the receiving spouse becomes financially independent.
  • When it’s awarded: Permanent support is often awarded in cases where the marriage lasted 10 years or longer or if one spouse is physically or mentally disabled and cannot support themselves financially.
• Rehabilitative Support:
  • What it is: This type of support is designed to assist a spouse for a limited period while they gain the education or skills necessary to support themselves after divorce.
  • When it’s used: Rehabilitative support is commonly awarded when a spouse needs time to train, go back to school, or re-enter the workforce after being out of the job market for years.

Modifications to Spousal Support Orders

Sometimes, the circumstances that led to an initial spousal support order change, and modifications may be needed:

• Changing Support Payments:
  • When it happens: Support payments can be modified if there’s a significant change in either spouse’s circumstances, such as a major change in income, job loss, or health issues.
  • How it works: The spouse seeking a modification must prove that the change in circumstances warrants the adjustment of the support payments.
• Duration of Modifications:
  • How long changes last: Modifications can affect how long the spousal support lasts. If a spouse becomes self-supporting or remarries, the payments may end earlier than expected.
  • Requesting modifications: To request a change in support, a motion must be filed with the court, and both parties will present their case for why the modification is necessary.

Spousal Support vs. Child Support

While both spousal support and child support are common in divorces, they are different and serve separate purposes:

• Key Differences:
  • Spousal support: This is financial support paid from one spouse to the other to help maintain their standard of living after divorce.
  • Child support: This is money paid by one parent to the other for the care and maintenance of the children involved.
  • How they are calculated: Spousal support is generally based on the need of the spouse and the ability of the other spouse to pay, while child support is based on the needs of the children and a set calculation according to state guidelines.
• Interplay Between Support Types:
  • When both are awarded: In some cases, both spousal and child support may be granted, especially if one spouse has custody of the children and requires additional financial assistance.
  • How they impact each other: If both support types are awarded, the court may consider how much income is available to the paying spouse, which could impact the amount of spousal support given.

Understanding these different types of support and how they work together can help you navigate your divorce process and ensure your rights are protected.

Dallas Divorce Attorneys Guide You Through the Process

At the Mathur Law Offices, P.C., we know that financial concerns are among the most pressing matters during a divorce. As part of the comprehensive services we provide, our legal team always fully addresses these issues and makes it a point to clarify all applicable laws and how they relate to your situation.

When cases involve additional matters, complex financial situations, or high-net-worth partners, the need for seasoned legal representation is elevated. Do not delay in learning more about the ways in which spousal support will be determined in your specific case.

Frequently Asked Questions (FAQs) about Spousal Support in Texas

• Can I receive spousal support if my spouse committed adultery?
  In Texas, spousal support is primarily based on financial need and other factors like disability, length of marriage, and the ability of the spouse to support themselves. However, marital misconduct such as adultery can be considered when determining the amount or eligibility for spousal support.
• How long do I have to pay spousal support in Texas?
  The length of spousal support payments in Texas varies depending on factors like the length of the marriage, the recipient’s ability to become self-sufficient, and the circumstances of the divorce. Support can last from a few months to several years, depending on the case.
• Can spousal support be modified if I get remarried?
  Yes, spousal support can be modified or terminated if the receiving spouse remarries or begins living with a new partner. However, if the paying spouse’s financial situation changes significantly (e.g., a job loss or health issue), they may request a modification as well.
• Do both spouses have to agree to spousal support?
  No, a court can award spousal support regardless of whether both spouses agree. However, spouses can negotiate a spousal support agreement as part of their divorce settlement. If the agreement is accepted by the court, it becomes legally binding.
• How is the amount of spousal support determined in Texas?
  The amount of spousal support in Texas is based on various factors, including the paying spouse's ability to pay, the recipient spouse’s needs, the length of the marriage, and the recipient’s ability to support themselves. Texas has guidelines for the maximum amount that can be awarded, but each case is unique.
• Is spousal support taxable in Texas?
  Yes, spousal support is taxable to the recipient as income and deductible for the paying spouse, unless otherwise agreed upon. However, this may change depending on the divorce agreement and current tax laws. It's best to consult with a financial advisor for specific tax implications.
• Can I get spousal support if we were married for less than 10 years?
  Yes, it is possible to receive spousal support in marriages lasting less than 10 years, but it is less common unless specific circumstances are present, such as disability, lack of financial resources, or caregiving responsibilities for children with special needs.

Get the Spousal Support You Deserve
Don’t navigate the complexities of spousal support alone. Contact our team of skilled attorneys at (888) 867-5191 or contact us to get the guidance you need.