Denton Spousal Support Lawyer

Professional Spousal Support Attorneys Serving Denton, TX

Spousal support, often referred to as alimony in other jurisdictions, can be a significant consideration in cases of divorce, legal separation, or termination of a domestic partnership. The primary objective, typically sought by a Denton Spousal Support Lawyer, is to ensure that the spouse with lower or no income does not face substantial economic hardship due to the divorce, legal separation, or end of the domestic partnership.

Spousal support can be awarded to either the husband or wife, based on the financial circumstances of both parties. It may be ordered on a temporary basis while the court action is pending, and/or on a permanent basis, continuing after the judgment has been entered in the case.

In Texas, spousal support, often referred to as alimony, is designed to provide financial assistance to a spouse following a divorce. The state has specific guidelines and criteria for awarding spousal support.

Eligibility for Spousal Support:

In Texas, spousal support, also known as alimony, is not automatically granted in divorce cases. To be eligible, the requesting spouse must demonstrate a need for financial support and meet specific criteria. The most common scenarios include marriages lasting ten years or longer, where the spouse seeking support lacks sufficient property or income to provide for their minimum reasonable needs. Additionally, if the spouse seeking support is unable to earn sufficient income due to a physical or mental disability, is the custodian of a child requiring substantial care due to a physical or mental disability, or if the spouse was a victim of family violence within two years before the divorce filing or while the divorce is pending, they may also qualify. The court carefully reviews these factors before determining eligibility.

Duration and Amount of Spousal Support:

Texas law places strict limits on the duration and amount of spousal support. Generally, support is limited to the shortest period necessary for the recipient to achieve financial independence. For marriages lasting 10 to 20 years, support is typically capped at five years. Marriages lasting 20 to 30 years can result in support for up to seven years, and those lasting more than 30 years may result in up to 10 years of support. The monthly amount of support cannot exceed 20% of the paying spouse’s average monthly gross income or $5,000, whichever is lower. The court considers various factors, including the financial resources and earning capacity of both spouses, the duration of the marriage, the age, employment history, and health of the spouse seeking support, and any history of marital misconduct.

Modification and Termination of Spousal Support:

Spousal support orders in Texas are not set in stone and can be modified or terminated under certain conditions. A significant change in circumstances, such as a substantial increase or decrease in either spouse’s income, remarriage, or cohabitation of the recipient spouse with another person in a romantic relationship, can prompt a review and adjustment of the support order. Either spouse can request a modification, but they must provide evidence of the changed circumstances to the court. The court will then evaluate the situation and decide whether to alter the support arrangement. If the paying spouse retires, loses their job, or experiences a significant health issue, the support amount may be reduced. Conversely, if the recipient spouse’s financial situation improves, the support could be decreased or terminated. The goal is to ensure the support arrangement remains fair and equitable based on the current circumstances.

Enforcement of Spousal Support Orders:

Enforcing spousal support orders in Texas involves strict legal procedures to ensure compliance. If a paying spouse fails to make the required payments, the recipient spouse can seek enforcement through the court. The court has various tools to compel payment, including wage garnishment, liens on property, and even contempt of court charges, which can result in fines or imprisonment for the non-compliant spouse. Additionally, the court can order the defaulting spouse to pay the legal fees incurred by the recipient in pursuing enforcement. This legal framework is designed to ensure that spousal support obligations are met and that the recipient spouse receives the financial assistance they are entitled to under the court’s order. The court’s involvement is crucial in maintaining the integrity of the support system and providing necessary relief to the dependent spouse.

A Denton Alimony Lawyer from Denton Family Law Can Help

If you want to reach a fair agreement regarding your alimony, contact our team as soon as possible. Our attorneys have extensive courtroom experience, enabling them to help you navigate any issues during the process. With years of training, they can also ensure all your rights are protected.

In all complex legal cases, having confidence in your attorney’s understanding of the law and commitment to protecting your interests is critical. Reach out to our team if you have any questions related to family law or would like to schedule a consultation. We will share our perspectives, give you clear options, and do our best to relieve your anxiety so you can make sound decisions even in stressful times.