Know Your Rights and How to Request Spousal Support
Many individuals who are going through a divorce also need spousal support to be financially stable after separation. If you have questions about how to request it, as well as the factors that the court considers when awarding it, we’re here to help. Each divorce is unique, and that includes the financial arrangements that may be required. We’ll work with you to understand the circumstances affecting yours, and guide you through the process with the care and attention that you deserve.
What Is Spousal Support in Texas?
In Texas, spousal support involves payments made by one partner to the other after a divorce. This is also known as spousal maintenance, or even generically referred to as alimony (although Texas law technically considers alimony a different matter). These payments are designed to help the lower-earning spouse maintain a reasonable standard of living, especially if they’re unable to financially support themselves.
It’s important to note that spousal support in Texas is not automatically awarded in every divorce. The courts take several factors into consideration before determining whether it should be granted, including the duration of the marriage, the financial need of the requesting spouse, and the paying spouse’s ability to provide support.
Who Is Eligible for Spousal Support in Texas?
There are specific guidelines in our state for determining spousal support eligibility. The court will look at the following factors to decide if you qualify.
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Length of the Marriage: Typically, spousal support is considered for marriages lasting ten years or longer. However, if there is evidence of domestic violence, or if one spouse is unable to support themselves due to physical or mental disability, shorter marriages may also qualify.
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Financial Need: The requesting spouse must show that they have a financial need. This can include the inability to support themselves due to a lack of employment or educational opportunities.
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Ability to Pay: The court will assess the paying spouse’s ability to provide support. This involves considering their income and resources, along with the financial burden of the payments.
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Domestic Abuse: If there is a history of domestic abuse in the marriage, the court may be more likely to grant spousal support, especially if the abused spouse is unable to support themselves.
In Texas, the court will also examine the requesting spouse’s ability to become self-supporting. If they can do so through employment or education, the court may either decide against awarding spousal support, or only permit it for a limited time.
Types of Spousal Support
Texas offers three types of support, each with different qualifications and durations.
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Temporary Spousal Support: This type of support is typically awarded during the divorce process. It allows the spouse who needs financial assistance to maintain their living expenses while the divorce is pending.
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Permanent Spousal Support: In some cases, the court may award this after the divorce is finalized. It’s less common and usually occurs in long marriages where one spouse is unable to support themselves.
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Rehabilitative Spousal Support: This type of support is designed to help the receiving spouse become financially independent. It’s typically provided for a limited time and is intended to help the spouse gain education or job skills to support themselves.
How to Request Spousal Support During Divorce in Houston
If you need spousal support during your divorce, these are the required steps to obtain it.
1. Consult with an Attorney
A legal professional will help you understand your eligibility, guide you through the process, and ensure that your request is properly documented.
2. Determine Eligibility
You’ll gather all necessary financial documents, including income statements, tax returns, and expenses. This information will determine your financial need and whether support is warranted. If your spouse has the ability to pay, you’ll also need evidence of their income and resources.
3. Filing the Petition
Once you’ve consulted with your attorney, the next step is to file a petition with the court. This formal request outlines your need for support and provides the evidence to back up your claim.
4. Presenting Evidence
The court will require evidence to support your request. This can include financial documents, evidence of the duration of the marriage, any instances of abuse, and proof of your inability to support yourself. Your attorney will further advise you on gathering and presenting this evidence in the most effective way.
5. Court Hearing
Once the petition is filed, the court will schedule a hearing to review the evidence and make a decision regarding your application. Your attorney will represent you during this hearing and advocate for your rights.
How Does a Court Decide?
Texas courts consider several factors when determining whether to award spousal support, as well as how much support should be paid. These factors include:
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The length of the marriage.
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The financial needs of the requesting spouse.
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The paying spouse’s ability to provide support.
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Whether the requesting spouse has a physical or mental disability.
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The age of the spouses.
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Any history of domestic abuse.
The court will weigh these factors carefully, which is why it’s highly recommended that you have an attorney who can present your case effectively.
Modifying or Terminating Support
In certain situations, spousal support can be modified or terminated. If there is a significant change in your circumstances (like your income or living arrangements), you may be able to request a modification. Alternatively, if the receiving spouse remarries or becomes financially independent, support may be terminated.
Common Myths About Spousal Support in Houston
There are several misconceptions about spousal support that can create confusion, so let’s clear them up.
Myth 1: Only women receive it.
Fact: Both men and women can receive spousal support in Texas if they meet the eligibility requirements.
Myth 2: It’s automatically granted.
Fact: Spousal support is not automatically awarded in every divorce. It’s granted only when specific conditions are met.
Myth 3: It lasts forever.
Fact: Spousal support in Texas is typically temporary or rehabilitative, meaning it’s meant to help the recipient spouse become self-sufficient.
Why Choose Hannah Law, PC to Represent You
We understand that seeking spousal support is a deeply personal decision, and we’re committed to ensuring that you understand your options every step of the way.
We offer:
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Experienced legal representation with deep knowledge of Houston’s family law courts.
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Transparent pricing to help you manage your legal costs.
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Compassionate support throughout your divorce process, including requests for spousal support.
In short, we’re here to help you achieve a fair and reasonable solution for your financial well-being.
Do You Need Assistance with Your Case?
If you’re seeking spousal support during your divorce, we’re here to help! Call us at 281-262-1311, or schedule your consultation to learn more about the process.
