Decatur Family Law and Probate Attorney

How spousal support can provide financial security in a divorce  

| Oct 19, 2020 | Divorce

Sometimes spouses help one another out in ways other than a steady paycheck. Maybe one person takes care of the house and/or the children, so their partner can succeed in their career. As such, divorce can cause uncertainty about your financial situation.

The court may consider your parental responsibilities and employability when approving a division of all your marital assets. But that doesn’t eliminate anxieties about affording a place to live after divorce or having enough income to care for your children. However, locking in spousal support may help you feel more at ease.

What is spousal support?

Spousal support, also known as alimony, can help individuals exiting a marriage with financial challenges receive money to pay for their basic needs. In Texas, there are a few different measures of eligibility that one party must meet to qualify for alimony, including:

  • The party seeking alimony has a physical or mental disability that impact’s their ability to make a livable wage after divorce
  • The couple was married for a decade or longer
  • The couple shares a child that needs a high level of care or supervision because of a disability
  • The spouse who will pay alimony committed family violence anywhere from two years before seeking a divorce to while the divorce is pending

The party ordered to pay alimony will either complete the obligation through single or monthly payments. And the amount will be $5,000 a month or 20% of their pre-tax income — whichever is less.

How long will alimony payments last?

It’s important to note that these payments usually don’t last indefinitely. Having a disabled child may be grounds for long lasting spousal support. Otherwise, the length of time you will receive payments is based on the length of your marriage. Specifically, you might be qualified to receive alimony for:

  • A maximum of five years in a 10-year marriage with an abusive partner or a marriage that lasted 10 to 20 years
  • A maximum of seven years in a marriage that lasted 20 to 30 years
  • A maximum of 10 years in a marriage that lasted more than 30 years

If you believe you might be eligible and in need of spousal support, an experienced attorney can be your guide through the legal ins and outs.