Determining each divorcing spouse's financials is one of the most important components of any divorce. The financial outcome will significantly affect you and your children's future and must be given careful consideration. While the division of marital property is critical to your financial future, it is important to recognize that, sometimes, spousal support – also known as spousal maintenance or alimony – is also in order.
The Division of Marital Property
In a Texas divorce, marital property is generally divided in a manner that is considered just and right. This means that your property will be divided fairly but not necessarily equally. If you and your divorcing spouse are unable to reach a compromise on this important issue, the court, with its vast discretion, will do so for you. This division of marital property is separate from the issue of spousal support.
Texas allows that a spouse is entitled to spousal support if he or she cannot – because of specific circumstances – meet his or her own minimum and reasonable needs. Every instance of spousal support is decided on its own merits, but there are several basic circumstances in which you may be eligible for alimony, including:
Your marriage lasted at least 10 years, you lack the property and/or income to provide for your own minimum reasonable needs, and you lack the earning ability to provide for yourself (or you are disabled or are the primary caregiver of a disabled child).
You and your divorcing spouse agree to your own terms and conditions related to spousal support.
Your divorcing spouse was convicted of – or received deferred adjudication for – domestic violence against you or one of your children within two years of filing for your divorce or while your divorce was pending. In this situation, the length of your marriage is not a relevant factor.
If you are found eligible for alimony, the court will consider several factors in determining the amount and duration of the financial support your ex will provide, including:
- You and your spouse’s separate financial holdings once your property has been divided in the divorce
- Your education and ability to earn – relative to your divorcing spouse’s
- The amount of time necessary for you to obtain education or training that would allow you to earn sufficient income for yourself
- The feasibility of you obtaining such training
If you qualify for spousal support, however, it can be critical to your ability to successfully move forward post-divorce and is worth pursuing.
Have Concerns or Questions about Spousal Support? An Experienced Divorce Attorney Can Help!
While spousal support is by no means a certainty, it is an important financial component of many Texas divorces. If you believe you may be a candidate for spousal support, Attorney Brett Pritchard at The Law Office of Brett H. Pritchard in Killeen, Texas, is committed to presenting your strongest case to the court. The outcome of your divorce can have a significant impact on your financial future, and Mr. Pritchard is here to help. For more information, please do not hesitate to contact us or call us at (254) 220-4225 today.