It is normal in the course of a marriage for one spouse to become financially dependent on the other. This is especially true for the wife when she takes on the duties of homemaker and mother and foregoes her career opportunities in favor of the family. When the marriage ends in divorce, the court will review the situation to determine whether it would be fair for the spouse with the higher income to pay spousal maintenance (termed alimony in some states) for a period of months or years. Whether you are seeking alimony or if you are being expected to pay, you can retain an Austin divorce attorney from Menduni Martindill, PLLC who will advocate for your best interests to prevent a ruling that places you in financial difficulty as you begin your life after marriage.
Are you eligible for alimony?
Eligibility for maintenance is determined by a wide variety of factors outlined in Texas Family Code § 8.052. First the judge will take into consideration each party’s ability to generate an income and provide for themselves – including their income and financial resources at the time of the divorce. Each spouse’s education and professional training will be taken into consideration as well – in addition to the amount of time it would take for one spouse to acquire vocational training or a degree.
Generally speaking, the likelihood of obtaining spousal maintenance is directly related to the length of the marriage. Each spouse’s age, employment history, earning potential, physical health, and emotional condition will be taken into consideration. Additionally, the actions of each party during the marriage can have a bearing on whether or not one spouse will receive financial support from the other – especially if the actions resulted in exorbitant financial spending. Other contributing factors include:
- The property brought to the marriage by either party;
- Each person’s medical, retirement and insurance benefits, as well as separately owned property;
- Contributions to the marriage, including services provided as a homemaker, and support to the other spouse’s education during the marriage
- Any marital misconduct such as adultery or cruel treatment;
- Any history of either party of family violence.
Looking for an Austin family lawyer? We can help!
Many times, one spouse is entitled to receive spousal support from his/her former marriage partner. However, alimony is usually not a meant to be a permanent form of income; it should be used as a provisional income to help the spouse become financially stable after divorce. If you are looking forward to a divorce, our firm can help you get a fair alimony agreement. If the court orders you to pay alimony, we can help you fight for a reasonable settlement.
If you need alimony, our lawyers can make sure that you obtain the financial support that you deserve. Without sound legal advice, you could end up with a divorce settlement that forces you to pay more spousal maintenance than you can afford, or you might receive less spousal maintenance than you are entitled to under the Texas Family Code. Either way, you should take every possible measure to put yourself in a stable position after the divorce. Contact us today!