Killeen Spousal Maintenance Lawyer

In most cases, the court will assume no support is necessary, so whoever is seeking spousal maintenance will need to convince the court they have made a good faith effort to earn an income or learn the skills needed to provide for themselves during separation or divorce proceedings.

If maintenance is deemed appropriate the judge will considered the following:

• Each spouse’s financial resources at the time of the divorce
• Ability of each spouse to provide for their own basic needs
• Each spouse’s education and employment skills
• Length of the marriage
• Age, work history, earning ability, physical and emotional health of the spouse seeking support
• Whether either spouse is paying child support
• Any history of family violence
• Any acts of adultery or cruel treatment by either spouse

If ordered to pay maintenance, your monthly payments cannot be more than $5,000 or 20% of your average gross monthly income, whichever is less.

How Many Years Do You Have to Be Married to Get Alimony?

In Texas, the duration of marriage is a crucial factor when considering spousal maintenance, which is the equivalent of alimony in other states. Unlike some states, Texas doesn't have a specific minimum duration for marriages to qualify for spousal maintenance. Instead, the focus is on the financial needs of the spouse seeking support.

For short-term marriages, which typically last less than 10 years, spousal maintenance is less common unless specific circumstances, such as a significant financial disparity or a disability, warrant it. In moderate-term marriages, lasting 10 to 20 years, the likelihood of spousal maintenance being considered increases, especially if there is a substantial difference in earning capacities.

For long-term marriages, exceeding 20 years, Texas courts may be more inclined to award spousal maintenance, especially if one spouse lacks sufficient property or the ability to support themselves adequately. The court considers factors such as the requesting spouse's financial needs, the paying spouse's ability to provide support, and any marital misconduct.

Common Mistakes When Seeking Alimony

When seeking alimony, people often make several mistakes that can significantly affect the outcome of their case:

• Failing to Document Financial Needs: One of the most common errors is not adequately documenting the financial needs and monthly expenses required to maintain a standard of living.
• Ignoring Pre-Divorce Financial Practices: Some mistakenly overlook the importance of showing a clear picture of the pre-divorce financial lifestyle, including any gaps in employment and the role each spouse played in the household.
• Underestimating the Value of Legal Advice: Many individuals think they can handle the alimony process on their own, underestimating the complexities involved and the benefits professional legal advice can bring.
• Not Being Transparent with Finances: Failing to fully disclose financial assets or income can not only harm credibility in court but can also result in an unfair settlement.
• Neglecting to Show Efforts Towards Self-Sufficiency: Courts look favorably on those who demonstrate efforts to improve their financial standing, whether through employment or further education. Not showing these efforts can be detrimental.
• Misjudging the Court’s View on Lifestyle Standards: Some assume that the court will automatically grant a continuation of the same lifestyle as during the marriage, without considering the individual circumstances and available resources.

How Attorneys Help Avoid These Mistakes

Attorneys can help individuals avoid these common mistakes when seeking alimony, ensuring that all necessary documentation is meticulously prepared and presented. They provide insightful advice on how to accurately depict your financial needs and your previous lifestyle. Legal experts help build your case to illustrate your efforts towards self-sufficiency and ensure complete transparency in financial disclosures. This professional guidance and representation can enhance your chances of securing a fair alimony arrangement, allowing you to focus on rebuilding your life post-divorce.

It's important to note that the court's decision regarding spousal maintenance in Texas is discretionary, and there are no strict guidelines based solely on the duration of the marriage. Consulting with an experienced Killeen spousal maintenance attorney is crucial to understanding how the specific circumstances of your marriage may impact the likelihood of spousal maintenance being awarded.

To speak to an experienced Killeen alimony attorney, give us a call at (254) 220-4225 or contact us online.