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Specialty tag(s): Alimony & Spousal Support Maintenance
Chandler Rice Winslow | March 8, 2022
In Texas, post-divorce spousal maintenance is rehabilitative in nature and is intended to provide support to a spouse whose ability to earn income is lacking, or has deteriorated over time, and whose assets are insufficient to provide support.
In a divorce, the court may order one party to pay spousal maintenance to the other party, only if the requesting party will lack sufficient property upon divorce to provide for his or her minimum reasonable needs and:
The court will want to see that the party requesting spousal maintenance has tried diligently to earn sufficient income to provide for his or her minimum reasonable needs or has developed the necessary skills to provide for his or her needs during the pendency of the parties’ separation and divorce case.
If a spouse is eligible and receives court-ordered spousal maintenance, the amount of monthly spousal maintenance is statutorily capped at the lessor of $5,000.00 or 20% of the paying spouse’s average monthly gross income.
Unless the receiving spouse is disabled and therefore unable to maintain employment, or is caring for the parties’ disabled child and therefor unable to maintain employment, the length of time a spouse is eligible to receive monthly spousal support payments depends on the length of the parties’ marriage:
The court will determine the shortest reasonable period that allows for the requesting party to earn sufficient income to provide for their minimum reasonable needs, unless the receiving spouse is unable to meet these needs due to disability or caring for a disabled child.
Often times, one spouse may have relied on the other spouse to handle financial affairs or may be unaware of how to properly manage investments or other assets he or she is awarded in the divorce. The attorneys at Goranson Bain Ausley have a strong referral network of trusted financial advisors who can explain and provide guidance concerning finance and investment management in order to help secure a bright financial future for our clients post-divorce.
When determining the amount and duration of spousal support payments, the court takes into consideration a number of factors including but not limited to:
The court may allow a reasonable time for the stay-at-home spouse to obtain education and/or training to re-enter the workforce, but it is important to begin acquiring these skills or applying to jobs even when the divorce is still pending. Because the award of spousal maintenance is determined on a case-by-case basis, it is wise to consult with a family law attorney who can provide individual feedback and determine the best way to present your claims for spousal maintenance to the court.
Chandler Rice Winslow has been named D Magazine Best Lawyers Under 40 for 2022. She has experience in business and real estate law in addition to representing a wide variety of clients in family law, including working and non-working mothers. Chandler understands how a business operates and works closely with business owners on identifying separate and community property. She is also sought after for drafting pre-and post-nuptial agreements and solving highly contested custody issues.
To learn more about your options for spousal maintenance in Texas, please contact Chandler Winslow at 214-373-7676
Our attorneys are experienced in all aspects of family law and will guide you through each step of the process, ensuring you have the information you need to make wise decisions and prepare for the future.
At Goranson Bain Ausley, we strive to deliver clarity about what comes next and confidence that you and your family’s future are more secure. Contact our team and discover how we can help you.
Get Started Online
Save time and costs. Before your consultation, use our confidential online questionnaire to receive a personalized information pack in minutes.
Schedule a Consultation
Schedule an in-person or remote consultation with one of our experienced family lawyers by calling us or filling out the “contact us” form.