Dallas Alimony Attorney

Navigate Spousal Support & Understand Alimony Laws in Texas

Spousal support, commonly called alimony, may be provided to the spouse in a divorce who needs financial support during the divorce process or after the divorce is final. Because both spouses are frequently employed outside of the home, a court may be examine many factors before deciding whether to order post-divorce spousal support. For this reason, spousal support can be a contentious issue in many divorces.

The family law attorneys at The Branch Law Firm in Dallas have handled many spousal support debates. Whether you are trying to claim alimony for yourself or prevent spousal support from being imposed on you, our attorneys can help. We can also fight for a more reasonable arrangement if your soon-to-be-ex is asking for an unreasonable amount.

Struggling with Alimony Decisions? Contact Our Dallas Spousal Support Lawyers Calling at (469) 299-5944 or Filling Our Online Form for Guidance!

Eligibility Criteria for Alimony in Texas Divorces

In order to obtain spousal support, one party needs to prove that they will not be able to provide for his or her reasonable needs without assistance. It is also important to note that you must be married to be eligible for spousal support. Unmarried couples who live together do not have the right to argue for spousal support.

To obtain spousal support, you must meet one of the following criteria:

• You were married for ten years and lack the ability to earn sufficient income
• You or your child were victims of domestic violence that occurred within two years of the divorce
• You are disabled and unable to earn sufficient income because of it
• You have a disabled child that requires care - even if that child is an adult

Texas also requires a spouse to meet one of the four statutory bases for spousal support in order to receive it.

Spousal support is intended to help one party meet their minimum reasonable needs. These may include:

• Groceries
• Utility bills
• Rent or mortgage bills
• Debt payments
• Medical expenses
• Clothing
• Transportation expenses
• Insurance payments
• Loan payments
• Clothing

Factors Influencing Spousal Support Decisions in Texas

Several key factors influence the court's decisions regarding alimony in Texas. Understanding these can help individuals anticipate outcomes and prepare effectively.

• Duration of Marriage: Longer marriages generally result in more substantial alimony awards. The court looks at the couple's marriage length, with ten years being a significant threshold.
• Financial Resources: The court assesses both spouses' financial situations, including income, assets, and liabilities. A disparity in earning capacity or financial resources can lead to a higher likelihood of spousal support.
• Standard of Living: Courts often consider the couple's standard of living during the marriage. The goal is to allow the lower-earning spouse to maintain a similar quality of life post-divorce.
• Age and Health: The age and health of both spouses are crucial factors. A spouse with health issues or nearing retirement may have a more challenging time securing employment.
• Contributions to the Marriage: Contributions are not limited to financial input. Courts also consider non-economic contributions, such as homemaking, raising children, and supporting the other spouse’s career.
• Fault in Divorce: Although Texas is a no-fault divorce state, the court may still consider instances of domestic violence or other misconduct when determining alimony.

Types of Spousal Support in Texas

In Texas, spousal support, often referred to as alimony, can take several forms, each serving different needs and circumstances. Here’s an overview of the types of spousal support available:

• Temporary Spousal Support: Temporary spousal support is awarded during the divorce process to help one spouse maintain financial stability while the divorce is ongoing. This support is typically granted by the court and lasts until the divorce is finalized.
• Post-Divorce Spousal Support: This type of support is awarded after the divorce is finalized. In Texas, post-divorce spousal support is not automatically granted; the requesting spouse must meet specific eligibility criteria, including length of the marriage and evidence of disability, domestic violence, or inability to earn sufficient income.
• Rehabilitative Support: Rehabilitative support is intended to help a spouse gain the necessary skills or education to become self-sufficient. This type of support is often time-limited and is designed to cover expenses related to job training or education.
• Permanent Spousal Support: While Texas does not provide for permanent alimony in the traditional sense, spousal support can be extended indefinitely under certain circumstances, particularly for spouses who are disabled or caring for a disabled child. However, this is rare and requires the spouse to meet specific eligibility criteria.

Role of Mediation in Alimony Agreements

Mediation serves as an effective alternative to litigation when negotiating spousal support agreements. This process enables both parties to communicate openly with the guidance of a neutral third party, fostering a more amicable resolution.

In a structured environment, spouses can express their needs and concerns without the adversarial tension often found in courtrooms. Additionally, mediation is generally more cost-effective than prolonged litigation, saving both time and resources.

Moreover, mediation sessions are private, providing a confidential setting that helps keep personal matters away from public scrutiny, further easing the process for both parties.

How Our Dallas Alimony Lawyers Fight for Your Financial Stability

There are many factors that affect spousal support rulings. Texas has very strict laws regulating who can receive spousal support and how long they can obtain it. Our skilled spousal support attorneys in Dallas can aggressively fight on your behalf for a fair arrangement. We also represent clients throughout Rockwall and the surrounding area.

Ready for Fair Alimony Terms? Consult with The Branch Law Firm, PLLC Today! Contact Us Online or Call Now - (469) 299-5944

Commonly Asked Questions

How Long Does Spousal Support Last in Texas?

The duration of spousal support in Texas varies based on the length of the marriage and the circumstances surrounding the request. Generally, it is limited to five years for marriages lasting between 10 and 20 years, and it can be longer for marriages of 30 years or more.

Can Spousal Support Be Modified?

Yes, spousal support can be modified if there is a significant change in circumstances, such as a substantial change in income, job loss, or changes in health.

How Do I Avoid Spousal Support in Texas?

To potentially avoid spousal support, you can demonstrate that both spouses are financially independent, show that the requesting spouse has sufficient income to meet their needs, or argue that the marriage lasted less than ten years.

Additionally, if you can prove that your spouse does not meet the eligibility criteria for alimony, such as not experiencing financial hardship or domestic violence, it may help in avoiding support obligations.

What is the Cap On Spousal Support in Texas?

In Texas, the maximum amount of spousal support a court may order is limited to 20% of the paying spouse's average monthly gross income or $5,000 per month, whichever is less. This cap applies regardless of the recipient's needs.

What Disqualifies You from Alimony in Texas?

Several factors can disqualify a spouse from receiving alimony in Texas, including not meeting one of the eligibility criteria, engaging in infidelity or misconduct during the marriage and not demonstrating a need for financial support.

Does Cheating Affect Alimony in Texas?

Cheating can affect alimony in Texas, particularly if it is shown to have contributed to the divorce. While Texas is primarily a no-fault divorce state, evidence of infidelity may influence the court’s decision regarding the amount and duration of spousal support.

Do You Lose Alimony If You Remarry in Texas?

Yes, in Texas, if the recipient of spousal support remarries, the alimony payments typically terminate automatically. The rationale is that the new spouse's income can contribute to the recipient's financial stability. However, if the recipient is living with a partner in a marriage-like relationship without formal marriage, the situation may need to be evaluated on a case-by-case basis.