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Spousal Support and Alimony
Experienced Austin Alimony Lawyers
Spousal Support – While your divorce is pending, the court has unlimited jurisdiction to award temporary spousal support. Spousal support is meant to help the requesting spouse maintain a suitable standard of living during the pendency of the divorce. Going through a divorce is never easy, even if you have experienced one in the past. Receiving spousal support payments from your spouse during this time can make the situation a little less stressful. An experienced family divorce lawyer from The Law Office of Willie & Dasher can help you understand what it means to pay alimony to a former spouse. The court will consider the following factors in determining whether an award of spousal support is appropriate:
Financial circumstances of both parties – In situations where one spouse has not worked during the course of the marriage, spousal support will usually be awarded. On the other hand, if both spouses work and have similar salaries, spousal support will probably not be awarded. This typically goes even when one spouse earns significantly more than the other spouse, according to our family divorce lawyer.
Length of marriage – When the marriage between the parties has been short, spousal support will probably not be awarded. If the marriage has lasted for more than a few years, courts are more likely to award spousal support.
Premarital and marital assets of the parties – If the party requesting spousal support brought substantial assets to the marriage, spousal support will probably not be awarded. Additionally, if the parties have acquired substantial assets during the marriage, spousal support will probably not be awarded even if you have help from a family divorce lawyer.
Age, health, employment experience and earning capacity of the spouse requesting spousal support – An older spouse who has little work experience or limited earning capacity is more likely to be awarded spousal support than someone who is young and able-bodied with work experience and stronger earning capacity.
Whether during the marriage one spouse contributed to the education or the potential earning capacity of the other spouse – If one spouse worked to put the other through college or professional school, an award of spousal support to that spouse will probably be made. This is also known as reimbursement support, which is explained in further detail later below by our family divorce lawyer.
Whether one spouse has attempted to hide or deplete marital assets without the other spouse’s knowledge or consent – If one spouse has attempted to hide or deplete marital assets in anticipation of a divorce or once a petition for divorce has been filed, an award of spousal support may be made to the other spouse. If you believe your spouse has been hiding assets or financial statements from you it is important to seek legal representation from a family divorce lawyer in Austin, Texas.
Spousal Support and a Family Divorce Lawyer
Spousal support usually ends on the day the divorce is granted. Therefore, it is essential that the spouse to whom spousal support has been awarded takes the proper steps to secure employment and otherwise provide for himself or herself once the divorce is made final. This is a big reason why spousal support is also looked at as rehabilitative. It is used to help one spouse get back on their feet after separating from their spouse. A family divorce lawyer explains that it can be used to pay the bills, take a class, learn a new skill, earn a certificate, or take care of anything else in their life.
Alimony and a Family Divorce Lawyer
Alimony – In Texas, alimony is referred to as spousal maintenance. Texas courts have very limited jurisdiction to grant alimony. The requesting spouse may be awarded alimony if the parties have been married for more than ten years and under certain other limited circumstances. In most instances, an award of alimony will be made for a period not to exceed three years. Only being able to receive alimony for no more than three years makes it all the more important to find a job or go back to school before it stops. If you are unable to do so, there’s no method available to petition the court to have the payment period extended. It’s important to know when you enter into a spousal support agreement that these payments are not meant to be income for the rest of the recipient’s life.
Reimbursement and a Family Divorce Lawyer
Reimbursement support is another form of spousal support you can acquire in your divorce from your spouse. Reimbursement support is typically awarded when one spouse sacrificed their education, career, or training while in the marriage by taking any job they could find so that the other spouse could work their lucrative career. Reimbursement support is not based on the need of the recipient spouse. Instead, it comes to an end when the divorce decree says it does.
Need Help With Spousal Support, Reimbursement, or Alimony? Choose a Family Divorce Lawyer in Austin, Texas
Are you in need of spousal support in Austin, Texas? Do you want to know how long you must pay spousal support? Either way, it is best to speak to an experienced family divorce lawyer from The Office of Willie & Dasher about your situation. Call our office at 512-478-0834 to schedule a consultation with a member of our firm. Your family rights are important. Make sure you are protected at all times when dealing with family law issues.