Spousal support, sometimes referred to as maintenance or alimony, is periodic payments that one party in a divorce case pays the other spouse during or after the divorce. It can be agreed upon by the spouses or court-ordered, but either way, it is often a concern to a party who is getting divorced. This concern is more significant in longer-term marriages, especially when one party was a homemaker. The goal is to provide fairness and equality when necessary.
In Texas, there are two types of support: temporary and permanent spousal support.
Temporary spousal support is financial assistance to a spouse during the divorce proceeding. It is granted only if the spouse is not able to meet his or her minimum reasonable needs from the income or property they have in their possession. This support is available to a spouse even if the spouse is not otherwise entitled to permanent spousal support.
Permanent spousal support is financial assistance awarded to a financially dependent spouse who has been married 10 or more years, has been a victim of family violence by the other spouse, has become disabled, or has to care for a disabled child from the marriage. The amount and duration of the award are generally limited. In determining whether a spouse is entitled to an award of temporary or permanent spousal support, the court will look at a variety of factors including:
- Length of the marriage
- Financial needs of the spouse
- Ability of the spouse to pay support
- Education and current occupation of both parties
- Presence of domestic violence
Call the team at Nelson Law Group today!!
If you are thinking about ending your marriage or have already been served with divorce papers, it is important that you have the knowledge necessary to make informed decisions. Contact the Nelson Law Group for a free consultation today!