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Is It Possible To File For Spousal Support?

Posted by admin on December 7, 2016

Spousal maintenance, often called “alimony,” is not always ordered in Texas divorce cases and will only be ordered if certain criteria are shown. In general, according to the Texas Family Code, available here, spousal maintenance may be ordered if the spouse seeking maintenance will lack sufficient property to meet their reasonable minimum needs following the divorce.

In addition, the following other criteria must also be shown:
(1) The paying spouse was convicted of a criminal offense of family violence during the marriage within two years of the divorce filing; or
(2) The spouse seeking maintenance either (a) cannot earn sufficient income to provide for their reasonable needs due to a physical or mental disability; (b) was married to the spouse for at least 10 years and lacks sufficient income; or (c) has custody of a child born during the marriage who requires substantial care and supervision due to a disability.

According to Section 8.052 of the Family Code, there are a variety of factors that a court may consider in determining whether spousal support should be ordered. These include:

  • The duration of the marriage
  • Financial resources available to the spouse
  • Age
  • Physical and mental health
  • Work history and earning capacity
  • Contributions made to the marraige
  • Fault of the party (e.g., adultery, abuse, etc)

While this is the law in Texas, other states have different requirements. If you have questions about spousal support in another state, you should consult with an experienced family law attorney in that state.

If you have questions about spousal support and live near Cedar Park, Texas, contact a Cedar Park spousal support attorney for legal advice. Call to schedule an appointment with an experienced Cedar Park spousal support attorney from the Jackson law firm.

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