In Texas, Alimony is called spousal maintenance, and the objective behind this payment system is to set a divorce-based financial imbalance between the spouses’ rights. While alimony does not play a role in every divorce, it is an important factor in some.
When alimony requests are part of a divorce, it can become a highly contentious issue. If not handled correctly, this can lead to costly delays and complications in the divorce process.
If you are facing a divorce and have questions or concerns related to alimony, don’t wait to consult with an experienced Fort Worth alimony attorney.
When a couple of divorces and one spouse is left without the financial resources to continue supporting themselves, and the other is capable of providing financial assistance, alimony can be ordered. The court takes many factors into account in the determination of alimony, and it is generally set for an amount and a duration that affords the recipient the time necessary to become more financially independent. Alimony can also be awarded while the divorce is pending.
The starting point for Texas courts is that alimony will not be awarded. In other words – in order to receive alimony – you will need to convince the court that you did what you could to become gain financial independence while your divorce was proceeding, but your good-faith efforts failed to suffice. If you clear this hurdle, the court will move forward with considering your request.
In order to qualify for alimony in the State of Texas, the spouse who petitions the court for maintenance must demonstrate that divorce will leave them without the financial ability to provide for their own basic needs at or near the same standard achieved during the marriage. In addition, one of the following circumstances must apply:
Every alimony determination is considered with respect to the unique factors that apply. Once alimony is deemed appropriate in the case at hand, the court will carefully address factors such as the following in order to calculate the amount and duration of the maintenance payments:
The matter of marital misconduct can also play a role, and this is true even when the divorce is no-fault, which most in Texas are. For example, if the spouse who is requesting support is proven to have committed adultery, the financial support can be denied in response.
Alimony is generally set for a specific amount of time that is intended to provide the recipient with an opportunity to become more financially stable. As such, the following basic guidelines generally apply:
Except when there are extenuating circumstances – such as when the recipient is caring for a child who requires full-time supervision – courts in Texas generally order alimony for the least amount of time necessary to allow recipients to gain financial independence.
Even if the set duration for the alimony order has not expired, there are circumstances that can terminate these payments, including:
Many divorces do not address alimony, but if your divorce will leave you unable to continue supporting yourself at a level similar to that achieved during your marriage, the court may consider your request. Your financial rights and your future are too important to leave to chance, and the formidable alimony attorneys at MBH Fort Worth | Family Law in Fort Worth have the legal insight, experience, and drive to zealously advocate for your case’s best possible resolution.
We recognize the gravity of your case, and our focused legal team is committed to employing the full force of their impressive skill on your behalf. We are on your side and here to help, so please don’t wait to reach out and contact us for more information today.
Our family law attorney & Divorce lawyer are ready to take your case. Visit us now!
Our family law attorney & Divorce lawyer are ready to take your case. Contact us now!