Providing Guidance for over 20 Years
Payments made to a spouse after divorce are known as spousal maintenance in Texas. The specific amount to be paid can be decided by the spouses or a court will arrive at an amount determined to be appropriate. Our Killeen spousal maintenance attorney can fully inform you of the process of assigning support and work to ensure that a fair amount is decided upon.
For over 20 years, the Law Office of Brett H. Pritchard has been helping clients through the divorce and family law process, striving to achieve optimal results. Attorney Pritchard earned an Avvo Clients’ Choice award in 2014 for his outstanding work in providing knowledgeable counsel and dedicated representation. Our firm can make the difference for your family law case so get in touch with our office right away.
Grateful my case is being handled by the best lawyers in Killeen.Danishka M.
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.
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.
You may petition to receive maintenance from your spouse and our Killeen spousal maintenance lawyer can work to present your case so you secure all the support you are entitled to. Whether you are seeking maintenance or it is being sought from you, the Law Office of Brett H. Pritchard can work to ensure you are treated fairly at all times.
Speak to the firm today during a free initial consultation and get legal advice— (254) 220-4225.
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