Spousal Support in Texas
Updated: Aug 3
In a divorce, Spousal Support is sometimes paid by one party to monetarily uphold the other party after the divorce has concluded, under an arrangement or request. The reason for spousal support is to assist with meeting the on-going monetary necessities of a financially dependent party within the marriage for a specific timeframe.
The goals of spousal support are to:
Analyze any financial benefits or impediments the parties might receive as a result of the divorce.
Managing the financial responsibilities that arise with regards to caring for children of the marriage.
Reduce the financial hardship a spouse will experience as a result of the separation
Allow both parties the opportunity to restructure their financial situation within a specific time frame to fit their new circumstances.
Do I Qualify for Spousal Support?
Texas laws regarding spousal support are quite tedious, making it a bit more difficult to win support here than in other states. While it is feasible to win provision or spousal help in court, it is substantially more prone to get support through a private agreement made as a component of the separation settlement.
Spousal support is settled depending upon the situation. There are essentially four manners by which a parties can receive spousal support:
The party from whom spousal upkeep is being requested has been sentenced or received a settlement for a family brutality offense against the other mate or the other party's kid in the span of two years of the documenting of the separation or while the separation is forthcoming. The length of the marriage is insignificant in this scenario.
The marriage has lasted for at least 10 years and the party seeking spousal support needs adequate property or pay to accommodate their basic requirements AND is either a) crippled or b) the primary guardian of a special needs child, or c) needs acquiring capacity to accommodate their base sensible necessities.
The parties come to an agreement that spousal support be payable for a specific time frame period.
If a party is a supported migrant, the individual in question could authorize the Affidavit of Support executed by the other party. They can petition for the Court to request to be given the 125% of the Federal Poverty Guidelines until the settler mate turns into a U.S. resident or until the individual in question has procured 40 credits of work history.
Factors to consider when requesting spousal help in Texas include:
● Span of marriage
● Monetary assets of each party
● Wellbeing and age of each party
● Property owned prior to the marriage
● Demonstrations of camouflage, extortion, distortion or obliteration of c community property by either party
● Business history and procuring capacity of each party
● Commitment by the two parties to the family — either through compensation, support for the training of the other party, or responsibility and upkeep of children if applicable.
How Long Do You Pay Spousal Support in Texas?
In the event that the court chooses to grant spousal support, limitations on the duration of these payments will be placed. Depending on the circumstances, the party may be required to pay spousal support for:
Up to 5 years in the event that either the marriage lasted under 10 years and the receiving party can prove qualification, or the marriage lasted over 10 years but under 20 years.
Up to 7 years in the event that the marriage lasted over 20 years but under 30 years.
Up to 10 years in the event that the marriage lasted 30 years or more.
When going through a divorce, it is important to understand how the laws of spousal support apply to you. The best way to gain this understanding is by reaching out to your local attorney. Kamal Law Firm PLLC. is a great resource for you. With our extensive experience, you can feel confident in knowing your questions will be answered and your case handled with care. Feel free to call our office to schedule your consultation today!