A divorce can have significant financial implications for your future. One important aspect of divorce is spousal support, also known as alimony. If you are seeking alimony from your former partner, it could have a great impact on your financial life. Similarly, if you’re forced to pay alimony, it can equally have a considerable impact on your financial future.
Having a Texas alimony lawyer with first-hand experience and knowledge in divorce matters is of absolute importance if you want a favorable outcome for your case. Hannah Law can help you navigate the complex alimony matter and provide skilled representation to make sure that you’re treated fairly. Call us at 281-262-1311 to schedule a consultation with a League City, TX alimony lawyer.
What is Alimony?
Alimony refers to the payments made by one spouse to another for their support and maintenance. The payments are usually made as a lump sum or continuingly, by the supporting spouse to the dependent spouse.
The key rule here is that a dependent spouse is considered as such if they make less money than the other spouse. The dependent spouse can be either the husband or wife, so long as they are substantially dependent on the other spouse for their support and maintenance, or are in dire need of support and maintenance from the other spouse.
This means that to be considered a dependent spouse, you don’t make enough money to pay for your bills and personal needs, and cannot continue to maintain the standard of living you had while married. This is a key requirement to be eligible for alimony, more on this later.
How Does Spousal Support Work?
During a divorce, the court may order one spouse to pay alimony to their former partner only if the dependent spouse lacks sufficient property upon the divorce to provide for their minimum reasonable needs and the following holds:
- The supporting spouse committed domestic violence against the dependent spouse or their child within two years before the date of filing for the divorce or during the divorce process.
- The dependent spouse is unable to earn income that adequately provides for his/her minimum reasonable needs due to mental or physical disability.
- The couple has been married for 10 years or longer and the dependent spouse is unable to earn an income that adequately provides for his/her minimum reasonable needs.
- The dependent spouse is the custodian of the couple’s child, especially if the child requires personal supervision or substantial care due to a mental or physical disability, which hinders the dependent spouse from earning an income that adequately provides for their minimum reasonable needs.
The court will want proof that the dependent spouse has diligently tried to earn an income that is sufficient to provide for his/her minimum reasonable needs or has worked to develop the necessary skills to provide for their needs during the separation process.
When Can I Stop Paying Spousal Support?
The court will decide how long you can expect to receive spousal support. The decision will mainly be based on the number of years that the marriage lasted. A maximum duration of 5 years is typically awarded for a marriage that lasted between 10 and 20 years, or in cases where there was domestic violence and the marriage lasted for less than 10 years.
For couples that were married for between 20 and 30 years, the maximum duration for alimony is seven years. If the marriage lasted for over 30 years, the alimony payments could last for a maximum of 10 years.
The duration of alimony is limited to the shortest reasonable time that allows the dependent spouse to meet their minimum reasonable needs by developing an appropriate skill or obtaining appropriate employment. The exception is if their employment is totally or substantially hindered by disability.
It’s best to have an experienced alimony lawyer to help protect your interests in this regard.
How is Alimony Determined?
In Texas, the duration of spousal support will largely depend on how long the marriage lasted and the reason for alimony being awarded. Usually, the couple must have been married for at least 10 years for the dependent spouse to be eligible for alimony. The dependent spouse must also be earning less than $18,000 a year.
When determining the amount, the court can only order the supporting spouse to pay the dependent one 20% of their gross income per month. To figure out how much you may have to pay in alimony or how much you may receive, consider the supporting spouse’s annual gross income, divide it by 12, and then multiply it by .20.
If this amount is less than $2,500, that will be the monthly amount. If the amount exceeds $2,500, then $2,500 will be the alimony payment amount.
What Does Alimony Pay for?
Spousal maintenance is mainly awarded to help meet the costs associated with reasonably maintaining a household, especially during the period of separation. Alimony can be ordered by the court under certain conditions, including whether both spouses are married to someone else and whether there are children involved.
There are several forms of alimony meant to pay for different kinds of things, such as transitional alimony, rehabilitative alimony, periodic alimony, and permanent alimony. Each type of alimony will require a different kind of consideration.
For instance, if one spouse is seeking temporary alimony, they might have to demonstrate that they are unable to maintain a reasonable standard of living without receiving assistance. A spouse seeking permanent alimony might be required to demonstrate that they cannot earn sufficient wages to maintain a reasonable standard of living.
Talk to an Experienced Alimony Lawyer in Texas
Alimony cases can be quite complicated to navigate on your own. Depending on whether you are seeking alimony or are concerned that the court may ask you to pay for alimony, a lot is at stake, and it may have substantial financial implications during and after the divorce.
This is why it’s critical that you are represented by an experienced divorce lawyer in League City, TX. At Hannah Law, we have a team of experienced divorce lawyers who can present the best case forward on your behalf and ensure a favorable outcome. Call us today at 281-262-1311 to discuss your case with us.
