Divorce does not have to be a time-consuming, costly struggle. With quality legal representation from an experienced Texas family law attorney, you can start your new life with your family and your finances intact. At Peek Toland & Castañeda PLLC, we are attentive to the needs of our clients, and no important decision regarding your case will be made without your input and consensus. Whether you wish to resolve your divorce through mediation or litigation, our legal team is here to protect your interests. For more information on the legal services we provide, please call (512) 474-4445 or send us a message online.
Eligibility for Spousal Support in Texas
In Texas, the spouse seeking support must lack the means to provide for his/her own minimum reasonable needs in order to qualify for maintenance payments. Additionally, one of the two following circumstances must apply:
- The paying spouse has been convicted of or received deferred adjudication for committing an act of family violence during the marriage or while the divorce suit was pending; or
- The spouse seeking support lacks the means to provide for his/her own minimum reasonable needs due to a physical or mental disability, is caring for a child of the marriage who needs extra care due to a physical or mental disability, or has been married to the paying spouse for 10 years or more.
If none of the above conditions are present, then the spouse seeking support may be denied court-order maintenance payments.
Factors Affecting Spousal Support Amount and Duration
After eligibility is established, the divorce court then considers certain factors when determining the proper spousal support payment amount and duration, including the involved spouses’ education, employment, contributions to the family, and other extenuating circumstances such as the length of the marriage and unfaithfulness.
Depending on the length of the marriage and other circumstances, the court may order anywhere from five to 10 years of post-divorce support. In cases where the supported spouse or the spouses’ child has a mental or physical disability, spousal support payments can continue indefinitely as long as the condition persists.
As for the amount, a monthly support payment cannot exceed $5,000 or 20 percent of the paying spouse’s average gross monthly income.
Dedicated Family Law Attorneys in Texas
Whether you are seeking spousal support or want to defend yourself from being ordered to provide unfair payments, reach out to the legal team at Peek Toland & Castañeda PLLC today. Our patient and attentive attorneys are glad to answer any questions you may have about your divorce case. If you decide to have us represent you, we will use the full extent of our legal knowledge and resources to attain a case outcome that is favorable to you. We offer our services at a reasonable rate.