Austin Alimony Lawyer

What Qualifies a Spouse for Alimony?

In some situations, couples may agree to alimony. When there is a demand for alimony and the other spouse does not agree, Texas law requires that the spouse seeking post-divorce financial spousal maintenance establish and prove that they meet the requirements established by Texas law. 

In order to be eligible for alimony, the spouse making the request must show that he or she requires financial support to meet their own needs after the divorce. In addition to demonstrating need, the requesting spouse must show that one of two additional conditions apply to their situation.

The spouse seeking alimony must establish and prove that they will be unable to support their own needs following the divorce and:

• Have a physical or mental disability that prevents earning enough income;
• Have custody of a child from the marriage who has exceptional care needs; or
• Have been married for 10 years or longer.

A spouse may also be entitled to alimony if he or she is the victim of family violence. In such cases, the paying spouse must have been convicted or received deferred adjudication for an act of domestic violence in the final two years of the marriage, or during the divorce proceeding.

How Is Alimony Determined?

Once the court has decided that a spouse is eligible for alimony, the next step is to determine the amount and the duration of the award. The amount of alimony payments cannot exceed 20% of a person’s gross monthly income, or $5,000.00 per month. The duration of alimony payments depends on the length of the marriage.  If the divorcing couple has a permanently disabled child, the award could be indefinite.

How an Alimony Attorney Can Help You?

An alimony attorney plays a crucial role in ensuring fair financial support during and after a divorce. Alimony, or spousal support, is a payment made by one spouse to the other to maintain the standard of living established during the marriage. The complexities involved in determining alimony—such as the length of the marriage, each spouse’s income, earning potential, and financial needs—make the expertise of an alimony attorney invaluable.

An alimony attorney can assist you in several ways. Firstly, they provide guidance on your legal rights and obligations concerning alimony. They will explain how state laws apply to your specific situation, as alimony laws vary by jurisdiction, and help you understand what you might be entitled to or required to pay.

Secondly, an alimony attorney will represent your interests in negotiations or court proceedings. If you and your spouse cannot agree on alimony terms, the attorney will advocate on your behalf, presenting evidence to support your case, such as your financial needs, contributions to the marriage, and ability to earn. They can negotiate with the opposing party to reach a settlement that is fair and sustainable.

Moreover, an alimony attorney can help in modifying or enforcing existing alimony orders. Life circumstances can change after a divorce, such as a significant increase or decrease in income, remarriage, or retirement, which may necessitate an adjustment in alimony payments. An attorney can file a motion to modify the alimony order and argue for or against the change based on the new circumstances.

In cases where the paying spouse fails to meet their alimony obligations, an alimony attorney can take legal action to enforce the order, ensuring that payments are made as required.

Overall, an alimony attorney provides essential legal support, helping you navigate the complexities of spousal support, whether you're seeking alimony, contesting it, or needing a modification to an existing arrangement. Their expertise ensures that your financial interests are protected and that the alimony arrangement is fair and legally sound.