Ensuring A Fair Spousal Support Agreement
Spousal maintenance is not a given in a Texas divorce. That is, a family law court will not necessarily order or expect that one spouse will make regular maintenance payments to the other after a divorce. However, it is appropriate in many cases. Whether you might pay spousal maintenance or receive it, it is highly advisable to work closely with an experienced family law attorney to prepare to justify your position.
At Branch Law Firm, you can expect keen insights and a compassionate approach. You can also count on clear explanations of what the law says and what family law judges in your jurisdiction typically agree to in a divorce settlement.
When The Law Assumes Spousal Maintenance Is Warranted
Texas family law statutes clearly state that spousal maintenance “is not warranted unless the spouse seeking maintenance has exercised diligence in…earning sufficient income to provide for [their]… reasonable needs; or…developing the necessary skills to provide for [those] needs during a period of separation [while the] dissolution of the marriage is pending.” In other words, if you are going to ask for spousal maintenance, you should first make a good faith attempt to find a way to provide for yourself.
If spousal maintenance is warranted, it is determined on a case-by-case basis depending on a variety of factors, including each spouse’s:
- Ability to provide for himself or herself
- Education and employment skills
- Age, employment history, earning capacity, and physical and mental condition
- History of excessive expenditures or destruction, concealment or fraudulent disposition of marital property
- Contributions to the other spouse’s education or training
- Separate property brought into the marriage
- History of marital misconduct, such as adultery
- History of family violence
The duration of the marriage and the impact of child support on a spouse’s ability to pay spousal maintenance may also influence a judge’s decision about spousal maintenance.
For best results, as you prepare to negotiate a spousal maintenance agreement or stand up for your position in litigation, work with a respected, experienced family law attorney.
Move Toward The Solution That You Need
Attorney Crista Marichalar Branch is ready to find ways to support your request for spousal maintenance or defend you against an unreasonable request for alimony from your spouse.