Spousal Support After Divorce
Spousal support, also known as alimony, consists of temporary monthly payments from one spouse to the other after divorce. Spousal support may be needed if one spouse does not have enough income or earning potential to support themselves. The payment amount and duration may be determined in court by a judge, based upon a number of factors. The court will consider the following topics and more:
- Income levels and earning potential
- Age and length of the marriage
- Current child support orders
- Education levels and employment history
Avoid A Costly Mistake With Help From An Attorney
A spousal support order based upon inaccurate terms can turn into a costly mistake down the road. It is important to receive assistance from an experienced family law attorney to attain a fair and accurate spousal support agreement. Jeremy J. Poet Law Firm, PLLC, provides skilled guidance to help clients in Sherman achieve the correct spousal support order.
Amicable agreements often reduce the stress and cost of litigation. We are experienced in alternative dispute resolution methods and can help you come to a compromise. We can assist you in negotiating the conditions of your divorce and spousal support agreement outside of court. These methods allow you to collaborate on an agreement on your own terms, beyond typical court standards.
While alternative dispute resolution methods may be preferable, they are not always practical. Disagreements may occur when both parties cannot come to a solution. As a tenacious trial attorney, Jeremy J. Poet is prepared to advocate on your behalf in high-conflict cases.
Frequently Asked Questions About Spousal Support In Sherman
Our Sherman family law team answers common questions from seeking clarity about spousal support eligibility and amounts to duration under Texas law.
Who is eligible to receive spousal support in Texas?
Texas has strict eligibility requirements for spousal support, also known as spousal maintenance. These include:
- Being married for at least 10 years and lacking the ability to earn sufficient income
- Having a spouse convicted of family violence within two years before filing or during the pending divorce
- Being unable to work due to an incapacitating physical or mental disability
- Being the custodian of a child with a disability requiring substantial care that prevents you from earning sufficient income
The court evaluates your education, employment skills and ability to become self-supporting. Stay-at-home parents who sacrificed careers to care for children may qualify if they need time to obtain training.
How long does spousal support typically last in Texas?
Texas law limits spousal maintenance duration based on marriage length and circumstances:
- Marriages lasting 10 to 20 years: Support can continue for up to five years
- Marriages of 20 to 30 years: Support allowed for up to seven years
- Marriages exceeding 30 years: Support permitted for up to 10 years
- Disability cases: Maintenance can continue indefinitely while the condition exists
Courts expect receiving spouses to pursue education, training or employment to become self-supporting during the support period.
How much spousal support can be awarded?
Texas Family Code Section 8.055 establishes caps on spousal maintenance amounts. Courts cannot order payments exceeding the lesser of $5,000 per month or 20% of the paying spouse’s average gross monthly income. The court calculates gross income by reviewing all earnings. When determining the actual amount within these limits, judges consider each spouse’s financial resources, education and employment skills, contributions to the marriage, property division, age and health conditions, and ability to meet minimum reasonable needs while providing support.
Can spousal support be modified or terminated?
Yes, Texas courts can modify or terminate spousal maintenance when circumstances substantially change. Common grounds for modification include:
- Job loss or significant income reduction for the paying spouse
- Completion of education or training by the receiving spouse leading to increased earning capacity
- Remarriage of the receiving spouse, which automatically terminates support
- Cohabitation of the receiving spouse with a romantic partner in a permanent relationship
- Changes in the financial needs or abilities of either party
The court will not modify support based on circumstances that existed when the original order was entered.
Schedule A Consultation To Discuss Your Spousal Support Concerns
Contact our office today to schedule a free consultation with a family law lawyer. We will help you reach a spousal support order to fit your needs. Reach our office location by calling 903-357-5269 or fill out our online contact form.