Texas Spousal Support Regulations

A divorce causes financial difficulties in addition to emotional upheaval. You may be concerned about how you will make ends meet when your divorce is official. Certainly, you would not be the only one. There is widespread curiosity regarding the present status of alimony, and many worries they will not be able to afford to start over after their divorce.

If you are thinking about getting a divorce and need advice on spousal support, you should speak with a qualified Houston family attorney.

Alimony is paid temporarily to one spouse while divorce proceedings are underway

Each party to a divorce proceeding has the right to request interim spousal support. The Texas criteria for interim spousal assistance provide that the spouse asking for help must demonstrate a substantial financial need and an inability to pay their monthly costs. However, interim spousal support is only in effect while the divorce proceeding is ongoing. Temporary alimony stops after the divorce is completed. However, spousal support may be ordered to continue after the divorce is finalized.

Permanent Spousal Support in a Divorce Decree

Stipulations for spousal support in the state of Texas are among the most stringent in the country. In reality, there is a presumption that spouses do not require assistance under Texas law. A spouse seeking maintenance must show that they will be in need of financial support following the divorce and distribution of marital assets.

When and How to Apply for Financial Aid

For spousal support to be awarded in the state of Texas, one party must demonstrate that they would be unable to pay their reasonable and necessary financial obligations following the finalization of the divorce. One of the following will also be required as proof:

  • The paying spouse was found guilty of a domestic violence charge within two years of the divorce filing or during the divorce proceedings;
  • Due to a handicap, the supporting spouse is unable to provide for themselves;
  • Ten years have passed since the wedding and the spouse asking for support cannot provide for themselves financially; or
  • A newborn or a handicapped kid of the couple must be in the care of the spouse making the request.

In this way, a court cannot grant spousal maintenance if, for example, a couple was only married for two years and neither party is eligible for unemployment benefits.

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