HOUSTON SPOUSAL MAINTENANCE LAWYER
Splitting a household’s finances following the dissolution of a marriage is stressful. You may wonder if you will qualify for spousal maintenance post-divorce or temporary spousal support during the dependency of the divorce. The answer to these questions can involve many complicated factors. The experienced Houston spousal support lawyers at Moffett Law Firm can answer your questions about spousal maintenance and temporary spousal support and work to protect your financial interests.
We have 30 years of combined experience working aggressively to achieve our client’s legal goals and protecting what is important to them. With personalized attention and fierce advocacy, we guide you through the legal process so you are equipped to make the best decisions for your unique situation.
How Is Spousal Maintenance Determined in Houston?
Either spouse can request post-divorce spousal maintenance during the divorce process. Whether or not the requesting party will qualify to receive the payment of post-divorce spousal maintenance will depend on whether the requesting party meets the statutory requirements to receive payment. A judge will make the decision of whether to award spousal maintenance based on several of the following factors:
- Any financial resources available to each party once their property is divided
- Education and employment of each spouse
- The duration necessary to obtain adequate education or training to help the spouse to earn sufficient income
- Contributions generated in the degree of a homemaker and stay-at-home parent
- The length of the marriage
The spouse seeking support may also have to demonstrate that they have diligently searched for employment, training, or educational opportunities.
What is Spousal Maintenance?
Texas Family Code § 8.001 states that spousal maintenance is the monetary award a spouse occasionally pays from their income to support the other spouse after the dissolution of their marriage. Typically, it is court-ordered without the consent or approval of either party.
To receive the payment of post-divorce spousal maintenance, the party seeking support must lack the means to provide for his or her minimum reasonable needs and must meet one or more of the statutory requirements as stated within the Texas Family Code. The Texas Family Code has changed in recent years. The statute now sets a limit on the amount of spousal maintenance that can be paid to the receiving spouse based on the duration of the marriage and also sets limits on the amount of spousal maintenance that can be paid that correlate to the duration of the marriage.
Temporary vs. Long-Term Maintenance in Texas
While the divorce case is still pending, a party may be eligible for temporary spousal support. The courts may grant temporary spousal support in an effort to maintain the financial status quo of the parties until the divorce is final. The court will only grant long-term spousal maintenance as part of the final divorce decree if the party requesting the payment of spousal maintenance meets the statutory requirements to qualify for the payment of spousal maintenance. These legal challenges are why having a dedicated Houston spousal maintenance lawyer by your side is of the utmost importance.
The amount of temporary support is usually based on need. Without the right professionals at your side, you could overpay the amount of temporary spousal support needed for the other party to meet his or her financial obligations or under-receive what you need to meet your financial obligations while the case is pending.
Changes to Texas family laws have increased the length of time for payment of spousal maintenance post-divorce. The party filing for support may receive up to five, seven, or ten years of spousal maintenance if they qualify. Contact the Houston spousal maintenance attorneys at Moffett Law Firm for more information on these legal changes and how they affect your case.
Schedule a Consultation With the Experienced Houston Spousal Maintenance Lawyers at Moffett Law Firm
Whether you seek spousal maintenance or are being asked for support, the Moffett Law Firm is well-versed in the most complex divorce cases and can help provide legal guidance to aggressively protect your best interests and financial future.