New Braunfels Spousal Maintenance Lawyer

Attorney Addressing Alimony in Divorces in New Braunfels, TX

When a couple gets a divorce, each spouse may be in a different financial position. One spouse may have spent years building a career, while the other may have managed the family's household, focused on raising children, and made sacrifices in order to support the other spouse's goals. A person who has limited financial resources may struggle to cover rent, groceries, health insurance, and other ongoing expenses after separating from their spouse. In some cases, these issues may be addressed through spousal maintenance, which is also known as alimony.

At Hill Family Law, our lawyer provides representation for spouses on both sides of cases involving maintenance. Whether you need financial support or are being asked to pay it, he will provide guidance on your rights under Texas law and the options for addressing your ongoing financial concerns. He will work to help you reach an outcome to your case that will provide you with financial stability in the future.

Why a Person May Request Spousal Support

There are a variety of reasons why a person may believe that they should receive spousal maintenance. These include:

• Time Away From the Workforce: A spouse who has been out of work for many years while raising children or handling other family responsibilities may not have the work history and job skills needed to find employment and support themselves on their own.
• Supporting the Other Spouse's Career: One spouse may have worked to put the other through medical school or law school. They may have delayed their own educational goals or made sacrifices to their career as they took steps to ensure that the other spouse would be able to support their family.
• Health Limitations: A person may have a physical or mental disability that prevents them from holding a full-time job.
• Caring for a Child With Special Needs: A parent may need to remain home to provide medical care or supervision for a child with a disability or other ongoing needs.
• Time to Retrain: A spouse may need to take several years to complete a degree before they will be able to support themselves.

How Texas Law Approaches Spousal Maintenance

Texas Family Code Section 8.051 details when a spouse may be eligible to receive maintenance. In general, a spouse may be eligible if they will not have enough financial assets after the couple's divorce to meet their ongoing needs. In addition, a person will typically need to meet one of the following requirements:

• Long Marriage: The marriage lasted 10 years or longer, and the requesting spouse does not have the ability to earn the income necessary to address their own ongoing expenses.
• Family Violence: A spouse has been convicted of family violence against the requesting spouse or that spouse's child. The conviction must have taken place during the divorce or within the previous two years.
• Disability: The requesting spouse cannot earn enough income because of a disability, including physical or mental impairments.
• Disabled Child: The requesting spouse is unable to work and maintain enough income because they provide ongoing care for a couple's child that has special needs.

Factors That May Affect a Spousal Maintenance Award

When a spouse qualifies for maintenance, a judge may consider several factors as they decide the amount of ongoing payments and the amount of time they will last. These factors include each spouse's education and job skills, the financial resources available to each spouse, the contributions that one spouse has made to the career of the other spouse, and a spouse's contributions to the marriage while managing family responsibilities.

The conduct of either party may play a role in these decisions as well. A judge may look at whether misconduct has occurred during the marriage, including adultery, cruel treatment of one spouse by the other, or family violence. Any attempts by either spouse to conceal, destroy, or waste marital property may also be considered.

Limits on Duration and Amount of Maintenance

There are some restrictions on how long court-ordered maintenance can last. The duration will be based on the total length of the couple's marriage:

• Marriage of Less Than 10 Years: Maintenance may be paid for up to five years in cases where a spouse qualifies for support based on family violence.
• Marriage of 10 to 20 Years: Maintenance may be paid for up to 5 years.
• Marriage of 20 to 30 Years: Maintenance may be paid for up to 7 years.
• Marriage of 30 Years or More: Maintenance may be paid for up to 10 years.

In cases where a spouse has a disability or is providing care for a child with a disability, they may receive maintenance for as long as they meet the eligibility requirements. In other cases, a court may order maintenance for as long as is reasonable to ensure that a spouse will be able to meet their own needs.

The law also places a limit on the amount that a person will be required to pay. In general, the monthly payments cannot be higher than $5,000 or 20 percent of the paying spouse's average monthly gross income, whichever is less.

Negotiating Contractual Alimony

Whether a spouse may or may not be eligible for court-ordered spousal maintenance, a couple can agree on whether support will be paid. A voluntary spousal support arrangement is often called contractual alimony, and it can be included in a couple's settlement agreement.

A couple may consider putting an alimony agreement in place if one spouse will need financial help getting on their feet after their divorce. Contractual alimony may also be an option if one spouse prefers to provide ongoing support in exchange for keeping a larger share of the couple's marital property. A couple can put specific terms in place in their agreement, such as by having one spouse pay health insurance premiums, cover mortgage payments for a specific period of time, or make a single lump sum payment.

Contact Our New Braunfels, Texas Spousal Maintenance Attorney

While maintenance can provide stability for a spouse after a couple's divorce, putting the right arrangements in place for ongoing support will require an understanding of how the law addresses these situations and how it may affect other divorce-related issues. At Hill Family Law, our attorney can work with clients to negotiate agreements that will meet their financial needs. Contact our New Braunfels, TX alimony lawyer at 830-229-2129 to schedule a free consultation.