Understanding Spousal Support in TX

Trusted Counsel from a Hidalgo County Divorce Attorney

Spousal support, alimony, and spousal maintenance are all similar words for the same thing and are especially important to understand if you're pursuing a divorce. Whether you're the spouse in need of support, or the one being ordered to pay, Texas courts uphold certain rules that you will be expected to follow.

Most couples tend to assume that the man will be required to pay spousal support, but this is not always the case. Our firm can give you the legal counsel you need to reach a favorable outcome, no matter what your circumstances. With our Hidalgo County divorce attorney on your side, you can file for divorce confidently, knowing your rights and best interests will be cared for.

When does the court order spousal support?

There are numerous deciding factors that play into whether or not a court will deem spousal support necessary. Several things can influence this, such as any problems of family violence, physical disabilities, or even child custody. The court always begins by assuming that spousal support is not necessary. Because of this assumption, one spouse will have to prove that they need support and have made an effort to earn an income on their own. After establishing the need for support, the court will then settle on an amount.

Any of the following factors may sway their decision:

  • Financial resources of both spouse
  • Whether or not children are involved
  • Each spouse's financial contributions during the marriage
  • The length of the marriage
  • The health and earning ability of each spouse
  • If either spouse was a homemaker during the marriage

The length of a spousal support order is also regulated by Texas law. The maximum amount of time is 10 years and the minimum amount of time is 5 years. Only when there is a physical or mental disability does spousal support last indefinitely.

As you can see, there is a great deal of consideration involved in spousal support orders. Many spouses suffer negative consequences that can significantly impact their future without the legal guidance of an attorney, so call our firm!

Our Hidalgo County divorce attorney would be happy to discuss your needs during a complimentary consultation. Contact Armando M. Guerra & Associates, PLLC right away!