Irving Alimony Attorney
Spousal Support Lawyer in Dallas
In Texas, spousal support, which is also called spousal maintenance or alimony, is a payment made by one spouse to the other after a divorce. The purpose of spousal support is to help the recipient spouse maintain the standard of living after the divorce that they enjoyed during their marriage, especially if they are unable to fully support themselves financially. If you live in Texas and are going through a divorce, it is important to understand whether spousal support will be a factor in your case, how that support will be determined, and how long such support will last.
At the Law Office of Michelle Poblenz, our experienced family law attorney has ample knowledge of the laws that affect spousal support and other aspects of divorce. Whether you are the spouse paying support or are the recipient of support, we are dedicated to defending your interests as you move through your divorce. It is not uncommon for spousal support to be a highly contentious issue in many divorces, as it can shape the financial future of both parties.
Kinds of Spousal Support
In Texas, there are three forms of spousal support: temporary support, which may be provided while the divorce is still pending; contractual support, which is agreed upon outside of court between the divorcing spouses; and court-ordered spousal support, which is established by a judge and paid after the finalization of a divorce. Typically, the court decides whether spousal support will be awarded, the amount of support to be paid, and the length of time that these obligations will remain in effect.
How Is Spousal Support Determined?
Texas does not automatically grant spousal support in every divorce case. The court will consider the following factors when determining whether to award spousal support, including:
- The earning capacity and financial resources of each spouse
- The amount of time the couple was married
- The age, education, and employment history of each spouse
- The physical and emotional status of each spouse
- The contribution of each spouse to the marriage, including homemaking and child-rearing
- Any marital misconduct during the marriage by either party, such as adultery or domestic abuse
- The standard of living established during the marriage
Based on these factors, the court will determine whether a spouse needs financial support and whether the paying spouse can afford it. The judge will also determine an appropriate amount to be paid and specify how long payments will be made.
How Is the Duration of Spousal Support Determined?
The duration of spousal support in Texas generally depends on the length of the marriage. If the marriage lasted from 10-20 years, spousal support could last up to five years. If the paying spouse was prosecuted for domestic abuse during the marriage, they may be ordered to pay spousal support for up to five years, even if the couple was married for less than 10 years. If the marriage lasted between 20-30 years, spousal support may last seven years. Spousal support could last a decade if the marriage lasted more than 30 years. Finally, if the receiving spouse suffers from a disability, a judge may order spousal support to continue indefinitely.
How Is Spousal Support Enforced?
In Texas, spousal support can be enforced through various methods. If the paying spouse fails to make the required payments, the receiving spouse can file a motion for enforcement with the court. The court may then order the paying spouse to make the required payments or face penalties, such as fines or imprisonment. Additionally, spousal support payments can be withheld from the paying spouse's income through wage garnishment.
Contact a Tarrant County Spousal Support Attorney
Spousal support is a major issue in many divorces. When a case involves this type of support, the financial implications for both parties are significant. Regardless of whether you may pay or receive spousal maintenance, a skilled family law attorney can help ensure that your rights and best interests are protected and accounted for.
At the Law Office of Michelle Poblenz, we know how consequential the matter of spousal support is in many divorce cases. We are ready and able to provide high-quality legal representation to those going through a divorce where spousal support is a factor. Contact us at 469-845-3031 for a confidential consultation.