Round Rock Spousal Maintenance Lawyers

Spousal Maintenance Vs. Alimony in Texas

Spousal maintenance is created through a court order for one spouse to provide financial support to the other after a divorce concludes. It can remain in place indefinitely or until a set date or circumstance. Alimony is similar to spousal maintenance, but it is temporary and lasts while the divorce case progresses. If a divorce order includes spousal maintenance, then it will replace alimony once the divorce and order become official.

What is the Purpose of Spousal Maintenance?

Divorce can completely disrupt your source of income and financial stability. If you were the spouse of lesser income in the marriage, then you could be put into financial despair by the divorce. The purpose of spousal maintenance is to make sure that no spouse’s reasonable needs and lifestyle expectations fall short because of the divorce. It is only approved under the Texas Family Code in specific circumstances, though.

For spousal maintenance to be approved, one or more of the following must be true:

• The paying spouse was convicted for domestic violence after the divorce was filed or while it was pending.
• The receiving spouse can’t earn a gainful income due to physical or mental incapacitation.
• The marriage lasted 10 or more years, and the spouse of lesser income can’t reasonably pay for their own reasonable needs.
• The receiving spouse is responsible for a child with a physical or mental disability that requires significant and special care.

Whether you are the spouse who needs spousal maintenance or will be required to pay it, you can depend on Diggs & Sadler for reliable legal counsel. Our Round Rock spousal maintenance lawyers are here to ensure that the agreement is amicable for everyone.

How a Court Decides Spousal Maintenance

The amount of spousal maintenance paid each month needs to be fair and accurate. It won’t do to try to estimate the right amount. If the amount is incorrect or unfair, then the court could reject it and complicate matters even more.

Leave your case up to our attorneys. We know how to explore and examine your financial situation and that of your spouse, so the spousal maintenance amount that we request is fair. We also know what the court will use to decide on spousal maintenance, too, so there will be no surprises.

When deciding on spousal maintenance, a Texas family law court will consider:

• Both spouses’ ability to earn a gainful income.
• Education, training, and career history of both spouses.
• Duration of the marriage.
• Physical and mental health of both spouses.
• Whether one spouse will pay child support.
• Assets each spouse brought to the marriage.
• Accusations of adultery or convictions for abuse.
• And more.

When Does Spousal Maintenance End?

Texas does not allow spousal maintenance to last forever or indefinitely under normal circumstances. An ex-spouse can voluntarily provide spousal support for any amount of time, but this is unusual. Instead, spousal maintenance will last until a set endpoint, which depends on the duration of the marriage.

Spousal maintenance in Texas will depend on the length of the marriage:

• Up to 5 years of maintenance payments: Marriage lasted 10 to 20 years
• Up to 7 years of maintenance payments: Marriage lasted 20 to 30 years
• Up to 10 years of maintenance payments: Marriage lasted 30 or more years.

For marriages that last less than 10 years, spousal maintenance is possible, but it will be an uphill legal battle to have it approved. Also, spousal maintenance can be modified or terminated early as needed. For example, if the receiving spouse remarries, then the paying spouse can ask the court to terminate the spousal maintenance order, which it likely will. Furthermore, if you keep paying spousal maintenance to your ex-spouse who remarried because you didn’t know that they remarried, then you can ask the court to order repayment for the excess that you provided.

To Pay or Receive a Fair Amount, Call Our Firm

Diggs & Sadler proudly offers legal counsel to divorcing spouses in Round Rock. If you are confused or concerned about spousal maintenance and alimony requirements, then you can bring your case to our firm. Whether you are to pay spousal maintenance or will depend on it, we would be happy to help.

Call (713) 766-5355or send us an email today for more information.