At Ashmore & Ashmore Law Firm we are your trusted legal partner for all your alimony matters during divorce in Rockwall and Terrell, Texas. Going through a divorce can be a complex and emotionally challenging time, especially when it comes to alimony disputes. Our dedicated team of family law attorneys understands the intricacies of alimony laws and the importance of securing a fair and equitable outcome. Whether you're seeking spousal support or defending against excessive alimony claims, we are here to provide you with expert representation and guidance.
The laws regarding spousal support are fairly rigid, and any entitlement to spousal support (or Alimony) is limited to certain situations and is generally, only enforceable for certain durations. Spousal support in Texas is the payment made to one of the spouses by the other at the time of ending the relationship. A party’s obligation to support the other spouse financially for a temporary (or, sometimes, even a permanent basis) is decided by the parties or at the court’s discretion. The amount of support to be given by one of the spouses to the other is dependent on many factors, and is determined on a case by case basis.
Types of Spousal Support (Alimony)
Texas recognizes two types of spousal support present in this state: contractual and court ordered maintenance. The court has the authority to order a temporary allowance when the decision of parting ways is pending as per the Family Code. Contractual alimony is based on an agreement between the parties in that they reach privately, and usually memorialized in their final decree of divorce. Court ordered support will likewise, be an order that is memorialized in the final decree of divorce.
Caps and Limitations to Spousal Support (Alimony) in Texas
The amount of spousal support is generally capped at $5000 per month or 20% of the monthly gross income, whichever is the lesser amount.
If a marriage lasted more than 10 years (under circumstances), one party may get support for five to even ten years, depending on the length of the marriage (even longer under certain, special circumstances, such as a disabled spouse, then the order for support could last more than the stipulated time).
Factors to be Considered in Spousal Support
The financial status or resources of the spouse seeking maintenance (property, assets and liabilities)
Education and employment skills of both the partners
The chances of being retrained or educated to move on in life
The ability to pay – the court looks at the spouse’s gross income and reduces it by subtracting all mandatory deductions (like tax) to come up with the net income
The duration of the marriage
Property that was brought to the marriage by either spouse
Homemaker contributions made by either spouse
Misconduct by either party during the marriage
Willingness to seek employment counseling
Spousal Support in Texas is a crucial and complicated matter. In contractual support, the process is much simpler and faster. But there are times, when the parties fail to reach an agreement, and the court has to intervene; experienced counsel can help a spouse seeking spousal support by allotting the compensation that they are entitled to.
Secure Your Financial Future with Ashmore & Ashmore Law Firm
When it comes to alimony matters during a divorce, having experienced legal representation is crucial to ensure a fair and equitable outcome. At Ashmore & Ashmore Law Firm, we are dedicated to providing you with the highest quality legal services and personalized support throughout this challenging process.
Don't face your alimony disputes alone. Contact Ashmore & Ashmore Law Firm today to schedule a consultation with our knowledgeable family law attorneys. Let us guide you through the complexities of alimony and help you secure a favorable resolution that protects your financial well-being. Your future is our priority.