There are many elements involved in finalizing a divorce. When you work with child custody attorneys in Houston, your divorce agreement will typically include details about child custody arrangements, child support, and spousal support. But how does a judge determine which spouse pays the other?
Ask a Child Custody Lawyer: How Is Spousal Support Determined?
When spousal support is granted by your divorce judge, the court will carefully examine the financial circumstances of each spouse to calculate what the amount of spousal support payments should be. Economic factors the court considers include the ownership of separate property, financial resources, employment history, earning ability, and the impact of spousal support payments on other financial commitments.
The court will also consider if there was misconduct in the marriage, such as cruelty, domestic violence, and adultery. If one spouse misused joint funds during the marriage, this is also a consideration.
Financial Limitations
The Texas court sets certain limitations on spousal support. For example, spousal support will only be awarded for a maximum of 20% of the paying spouse’s monthly income. This percentage is capped at $5,000 per month, even if the paying spouse makes $100,000 or more a month.
Duration Limitations
There are also limitations on the duration of spousal support payments. If spousal support is awarded to a spouse with a disability or a spouse supporting a disabled child, then spousal support payments will continue for as long as the disability does. If your marriage involved domestic violence and lasted fewer than 10 years, then spousal support will last for up to five years.
A marriage that lasts less than 10 years will typically not result in spousal support. A marriage that lasted for 10 to 20 years will result in payments for up to five years, while a marriage that lasted for 20 to 30 years will have spousal support payments for up to seven years. For a marriage that lasted for 30 years or more, spousal support is awarded for up to 10 years.
Spousal Maintenance vs Contractual Alimony
In Texas, there are two types of spousal support payments. Spousal maintenance is ordered and enforced by the court, but this process may be difficult depending on the circumstances of your marriage. Your other option is contractual alimony, which is spousal support payments that are mutually agreed upon by each spouse. Contractual alimony can also be enforced by the court via contract law or other strategies.
When Is Spousal Support Awarded?
In Texas, spousal support is not calculated automatically as part of your divorce proceedings. Instead, if you want to receive spousal support, you will either need to enter a contractual alimony with your ex-spouse or file a request with your divorce court.
Typically, spousal support in Texas is only awarded when you can demonstrate financial need. A court is unlikely to award spousal support if you were able to support yourself during the divorce. Ultimately, this means you will need to work with a lawyer to prove your financial hardship. It may be best to ask for spousal support before your divorce is finalized so you can more easily demonstrate your financial needs.
Who Is Eligible?
Texas courts require that you meet some eligibility requirements. Spousal support may be awarded if you have custody of a child who requires significant care, such as a disabled child. Spousal support may also be awarded if your marriage lasted at least 10 years, you have tried to earn income to become self-supporting, and you are still unable to meet basic needs.
Can Child Custody Attorneys in Houston Help Increase Your Spousal Support?
After your spousal support has been determined by the court, there may come a time when the agreed payments need to change. You can speak with your divorce lawyer or child custody lawyer about filing a modification with the court. Sometimes, modifying your support order may be done through mediation. Visit this page to learn more about ways your lawyer can support you during and after your divorce.
Typically, a modification is only approved by a judge if there has been a significant change in the status of either spouse. If you make support payments, then losing your job may be a reason to modify your support orders, even temporarily. If you are the recipient, a change in your income status can also warrant a modification of the payment amount you receive.
Child Custody and Visitation: How a Family Lawyer Can Help(Opens in a new browser tab)
What If You Remarry?
If you are the receiving spouse, you should be aware that remarrying can alter the spousal support payments you receive. Depending on the details of your spousal support agreement, there may be a provision that will stop or reduce your spousal support payments once you are married to someone else. There will usually not be a change in spousal support payments if the paying spouse remarries.
The calculations for spousal support vary case by case since every marriage is unique. If you want to ask for spousal support, the duration of your marriage and your financial circumstances are the biggest factors that are considered.
Discussion about this post