Navigating a divorce can be challenging for many reasons. As you begin the process, you may wonder about your financial well-being after your divorce is finalized. Many individuals wonder about spousal support and whether they may use it to get back on their feet. Several factors may impact spousal support in Texas, including the financial independence of each spouse, the length of the marriage, and marital misconduct. To determine whether you qualify for spousal support in your divorce, speak with an experienced divorce lawyer at the Moffett Law Firm.
As you proceed forward with your divorce, working with one of the experienced divorce lawyers at the Moffett Law Firm can help you navigate the intricate issue of spousal support. We have an extensive track record of success in handling complex divorces. We will work to protect your legal rights and financial future with empathy and fierce litigation strategies.
4 Factors That Impact Spousal Support in Texas
If a spouse meets the necessary criteria to qualify for spousal support, the court may consider additional factors that may impact their decision of whether or not it should be awarded.
The four factors that may impact your spousal support include the following:
If the spouses have agreed to terms for spousal support, the courts will accept the arrangement and put it into the divorce agreement. For example, a prenuptial agreement may set the terms for spousal support. In some cases, divorcing couples may negotiate terms during divorce mediation, which may further reduce any conflict in court.
Standards of Living
A court will look at a standard of living that has been established prior to the divorce to make a decision on whether spousal support should be awarded. For example, if a spouse is a stay-at-home parent, the courts may decide whether support is appropriate.
Ability to Support Yourself
One of the most vital aspects in determining spousal support is evaluating whether each party has the ability to support themselves after the finalization of the divorce. If one party has a high-paying job while the other party hasn’t worked for years, spousal support may be awarded.
Length of Marriage
If the court determines that spousal support may be issued, they will look at the length of the marriage and other factors to determine how long it should be paid. Generally, the guidelines are as follows:
- Less than a 10-year marriage and the spouse is convicted of family violence: Maintenance for 5 years
- Married for at least 10 years but less than 20 years: Maintenance for 5 years
- Married for at least 20 years but less than 30 years: Maintenance for 7 years
- 30+ Year Marriage: Maintenance for 10 years
Spousal support orders are limited to 20% of the payor spouse’s gross monthly income or $5,000 per month, whichever is less. Speak with an experienced divorce lawyer at Moffett Law Firm for an evaluation of your specific case to determine spousal support duration and amount.
Speak With the Experienced Divorce Lawyers at Moffett Law Firm
At Moffett Law Firm, we understand that divorce comes with high-conflict issues and disagreements. We are well-versed in the complexities of spousal support and can help protect your rights and financial well-being with our seasoned legal guidance.