Austin Spousal Support Attorneys
The financial aspects of a marriage can be complex, and are often a matter of contention between spouses.
It is difficult to quantify in dollars and cents what one spouse contributes to their family, especially when a spouse’s responsibilities don’t generate income. After a divorce, one spouse can be left with no income and no way to generate income, often while still performing the same responsibilities that they had prior to the divorce.
It’s for this reason that spousal support is so important after a divorce. The family law attorneys at the Evans & Herlihy Law Firm can help you if are in need of spousal support or seeking to make changes to your current payments. We realize that things can be particularly taxing in the wake of a divorce, and we make it a top priority to make sure your best interests are attended to.
Protecting the Non-Working Spouse
A “non-working” spouse often contributes a great deal to a family. It’s for this reason that former spouses are awarded spousal support even if they do not generate actual income for the family. A homemaker, for example, may have sacrificed employment or educational opportunities to support their families. These are key considerations made by courts when awarding spousal support.
Determining Spousal Support
In Texas, spousal support can be court-ordered or voluntary (meaning that the two spouses agree to a predetermined amount of money). When determining how much will be paid by court-ordered spousal support, a judge will consider many factors, including the income, education and earning ability of both spouses. The judge can’t award payments exceeding 20 percent of the income generated by the paying spouse, or $5,000 a month – whichever amount is less. The judge will also consider a variety of factors to determine the duration of the payments, including the length of the marriage.
What is required of the recipient?
In Texas, the spouse seeking payments can be denied if they are not seeking employment or training that will lead to employment in the future. It is important for the spouse seeking payment to do both during the actual divorce process. Exceptions can be made for disabled spouses, or spouses that will be caring for disabled children.
If you are interested in learning more about your options regarding spousal support in Texas, our attorneys can evaluate your case to determine your best course of action moving forward. Contact us today to learn how we can help you.