Spousal Maintenance

During a Divorce or After the Divorce is Finalized 

Spousal support a.k.a. spousal maintenance refers to additional money that is not part of a division of the martial property. These are funds that one spouse pays to the other spouse either while going through the divorce process (temporary support); or, after the divorce has been finalized (final or permanent). It can be made in a lump sum or on a contractual basis (contractual alimony) from the supporting spouse. There are numerous differences between the prerequisites form of payment amount and duration of temporary support and final support.  Kelly J. Capps of Capps Law Firm, PLLC has comprehensive experience with spousal maintenance negotiations as a divorce lawyer in Austin, Texas.

The divorce process is among one of the most emotional processes someone can go through in the Texas courts. A divorce becomes more emotional when discussing the possibilities of sustaining an ex spouse, dividing property, possession of children, or calculating child support payments. Will the spousal support payments be enough? Will the paying spouse be less financially stable due to their payments? 

In Texas, establishing whether spousal maintenance will be paid requires answers to a few questions to be answered.

Are you Eligible for Support?

There are many factors considered and each case is different, but the first two questions are have you been married for 10 years and/or are you or your child of the marriage disabled? Your family law attorney can help you to determine the likelihood of a judge deeming you eligible to receive spousal support. Spousal maintenance is very limited post divorce.

If qualified, how much Spousal Support can I get?

Once a judge decides you are qualified to receive spousal support, he or she will determine the payments. The judge considers many factors to determine how much spousal support is appropriate and how the payment(s) should occur. 

After careful consideration of the circumstances, the court or judge has the power to rule that the requesting spouse receives no assistance, the optimum support permitted, or something in between. Every divorce is different, and you should always refer to your family law attorney for details on what spousal support amount you might expect. 

If you are considering divorce and concerned about spousal support, you may Schedule an Initial Consultation with a family law attorney to ask your questions about spousal support and the enforcement of orders in Texas. You can also call Capps Law Firm, PLLC, at (512) 410-2453 today.