Spousal support and alimony are financial obligations that one spouse may be required to pay the other after a divorce. In Houston, Texas, these terms are often used interchangeably but they technically refer to two different types of payments. Alimony is typically a lump-sum payment made at the time of divorce, while spousal support refers to ongoing monthly payments made by one ex-spouse to the other.
Under Texas law, there are specific conditions under which a court will order spousal maintenance or alimony. The purpose of these payments is not punitive; rather, they aim to help an economically disadvantaged spouse maintain their standard of living post-divorce or provide temporary support while they gain necessary skills or education for self-sufficiency.
In determining whether spousal support is appropriate, courts in Houston consider various factors including each party’s ability to provide for their own minimum reasonable needs independently, the duration of the marriage, and the age and health condition of each spouse. If one spouse was convicted of family violence within two years before filing for divorce or during the divorce process itself can also influence decisions on spousal support.
The amount and duration of spousal maintenance in Houston divorces are not arbitrary; they’re subject to statutory guidelines. Generally speaking, a court cannot order more than $5,000 per month or 20% of a paying spouse’s average monthly gross income – whichever amount is lower. The length varies depending on how long you were married and why you’re receiving maintenance; it can range from five years up until indefinitely if a spouse has physical or mental disability preventing them from earning sufficient income.
It’s important for divorcing spouses in Houston to understand that alimony isn’t automatically granted – it must be requested either by agreement between parties involved or through court intervention. Moreover, once awarded it can be modified based on significant changes in circumstances such as remarriage or cohabitation with another person, or substantial increase in the paying spouse’s income.
Spousal support and alimony can be complex issues in Houston divorces. It is advisable to consult with a knowledgeable family Laura Franco Law attorney who understands Texas divorce laws and can guide you through the process. They can help ensure your rights are protected, whether you’re seeking spousal support or being asked to pay it.
In conclusion, while going through a divorce may be emotionally challenging, understanding how spousal support and alimony work in Houston can make the financial aspects of this transition less daunting. By familiarizing yourself with these concepts and seeking professional legal advice where necessary, you can navigate your way toward a fair settlement that respects both parties’ needs and circumstances.
Laura Franco Law
11222 Richmond Ave. Ste 225, Houston, TX 77082
281-920-9777