Austin Alimony Lawyer
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?
Under Texas Family Code § 8.052, Eligibility for Maintenance, the factors that the judge will use to determine the amount of spousal maintenance includes the following:
- Each party's ability to provide for themselves and their reasonable needs independently, considering each spouse's financial resources at the time of the divorce;
- Each party's education and professional training, and the time that would be required for the spouse to acquire the education that would be necessary for finding suitable employment , as well as the access to and feasibility of the education or training;
- The duration of the marriage
- The age, employment history, earning ability, and physical and emotional condition of the spouse seeking maintenance;
- The effect on each party's ability to provide for the minimum reasonable needs while providing child support or maintenance;
- Acts of either party during the marriage that resulted in excessive or abnormal expenditures or concealment or fraudulent disposition of community property;
- 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!
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 to learn more!