Resolving Alimony And Spousal Maintenance Issues
The Texas Family Code does not provide for alimony in Texas but rather references spousal maintenance as a claim in certain circumstances during a divorce. When evaluating if you are eligible for a claim of spousal maintenance, an attorney with experience and knowledge on the intricacies of Texas family law can help, and if needed, assist in requesting relief from a court.
Alicia Lackey of Lackey Law Firm, P.C., offers legal assistance and guidance for requests for spousal maintenance or contractual agreements for alimony, as well as representing parties in disputes over an existing agreement or court order.
Factors Considered In Awarding Spousal Maintenance
Spousal maintenance is an award in a suit for the dissolution of a marriage of periodic payments from the future income of one spouse for the support of the other spouse. Factors that are considered in determining an award of spousal maintenance can include:
- The requesting party lacks sufficient property to provide for minimum reasonable needs
- Family violence pattern or history
- Incapacitating physical or mental disability
- Length of marriage
- Inability to earn sufficient income
- Custodian of a child of the marriage of any age who requires substantial care and personal supervision because of a physical or mental disability that prevents the spouse from earning sufficient income
- The ability of each to provide for that spouse’s minimum reasonable needs independently, considering that spouse’s financial resources on the dissolution of the marriage
- The education and employment skills of the spouses, the time necessary to acquire sufficient education or training to enable the spouse seeking maintenance to earn sufficient income, and the availability and feasibility of that education or training
These and other relevant factors require complicated and dependent considerations. Retaining the counsel of an experienced and knowledgeable Texas family law attorney can be valuable in requesting or defending a request for spousal maintenance.
Types Of Spousal Support
Lackey Law Firm, P.C., can assist clients in requesting or defending a request for:
- Spousal maintenance: As outlined above and limited to the greater of $5,000 per month or 20% of the paying spouse’s average monthly gross income.
- Contractual alimony: A contract between the two former spouses similar to spousal maintenance, with special considerations for enforcement.
- Temporary spousal support: A form of temporary payment provided to one of the spouses while their divorce is the case still pending to maintain the access of community funds.
Why Lackey Law Firm?
You can count on professional and honest legal services when you come to Lackey Law Firm, P.C.. You will receive the benefit of personalized legal counsel from someone who listens to your concerns and who will keep you informed of every stage of your case. Alicia handles every case with compassion and is dedicated to building a better community in Texas, helping one family at a time.
Contact A Lawyer For Help With Your Family Law Matters
*Main office is located in Austin, Texas. All office locations are staffed by appointment only.