Family Lawyer George E. Thompson Discusses Spousal Maintenance
If you are facing a divorce, you may be considering the concept of spousal maintenance. Known at one time as “alimony,” this concept can invoke considerable fear and dread in both spouses – one may not want to pay while the other is worried about financial stability in the initial months following dissolution. Regardless of your situation, family lawyer, Mr. Thompson and his team
can walk you through the important steps in determining eligibility for spousal maintenance as well as advocate for a fair and balance resolution to the issue.
Family Lawyer George E. Thompson Explains Eligibility for Spousal Maintenance
Not every divorcing spouse is eligible for support following the breakup of the marriage. The court will only award spousal maintenance to a party who will clearly face financial hardship once the marriage ends. Legally speaking, the party must prove to the court that he or she does not have enough property or income to meet reasonable minimum needs. From there, the court will determine whether one of the following applies to the situation: (i) one spouse was convicted of domestic family violence during the marriage, or; (ii) any of the following factors apply to the situation:
- The spouse in need is suffering from a physical or mental disability;
- The spouse has assumed childcare responsibilities for a special needs child born of the marriage, or;
- The parties were married in excess of ten years.
If the party in need meets the eligibility requirements, the court will then set a spousal support amount and duration. Spousal support is generally not available forever, however the longer the marriage lasted, the longer the spouse can expect a support payment. For instance, Texas law allows a court to award spousal support for up to ten years if the marriage lasted 30 years or more. The court will use formulas to determine a monthly support amount that will financially stabilize the spouse in need while not unduly burdening the payor spouse.
Family Law Attorney George E. Thompson
If you are concerned about spousal support, we encourage you to contact an experienced and reputable family law attorney from the Law Offices of George E. Thompson, P.C. (713) 439-0700