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Spousal Support & Alimony

Factors that contribute to paying spousal maintenance in Texas

In a Texas divorce when one spouse makes more money than the other and is mandated by the court to make regular alimony payments to support their former spouse after a divorce, this is called spousal maintenance.

Judges will start with a clean slate, assuming that both spouses are equal, and it is left up to the spouse and their attorney who are seeking spousal maintenance to make their case to the court as to why they are entitled to ongoing compensation.

If the spouse is able to prove their case, then the next big questions become how much is due and for what length of time. A judge will have to weigh many factors in deciding these issues, including:

  • How will each spouse provide for their own living expenses going forward? If one spouse was the family bread-winner and the other took care of domestic issues, or if the ownership of a business is at stake, then this could create an uneven economic situation and lead to a complex property distribution.
  • What are the work skills and education of each spouse? A judge will also consider how long it would take to get training or a viable education to make them more independent.Is one spouse or the other paying child support as part of the divorce settlement? If so, how much of an impact does this have on their day-to-day living?
  • Has one spouse or the other spent community property assets or hidden community property assets to give them an unfair economic advantage?
  • What property did each spouse bring into the marriage to begin with?
  • The age, mental make-up, physical and emotional health of each spouse.

Texas law states that unless there is just cause for ongoing support due to mental or physical issues, spousal maintenance will have a limited time frame under the law. Generally, that period will be between five to 10 years, primarily depending on the length of the marriage.

The Bryant Law Firm proudly serves Harris County and the surrounding communities of Galveston, Fort Bend, Brazoria, and Montgomery Counties.

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