Alimony & Spousal Support in Texas
When couples divorce in Texas, there is no automatic presumption under Texas state law that either party will walk away from the situation with an order to pay or receive alimony. Either spouse, however, can request to receive alimony, which is also known as spousal support or spousal maintenance. If you and your spouse have an uncontested divorce, in which the two of you work out agreements for a negotiated settlement, you may choose to include arrangements for the payment of alimony.
Pre-Nuptial Agreements and Spousal Support
Another possibility is that you might have a pre-marital agreement or
post-marital agreement in place that includes provisions for the payment of spousal support in the event of a breakup. When this is the case, it sometimes occurs that there is a dispute concerning whether or not the terms of the agreement have been met, such as if the agreement provides for alimony payments in the event that one spouse commits adultery.
How is alimony determined by the court?
In cases of contested divorce - when an out-of-court settlement is not possible and the divorce goes to a trial - one spouse will often include a demand for alimony in his or her terms for the divorce. When this happens, the judge will make the decision of whether or not to award alimony based on several factors. For example, it may be that the spouse who is requesting support payments is doing so because he or she lacks the personal financial resources to be self-sufficient after having become economically dependent during the marriage. In other cases, a request for spousal support is made based on evidence that the other spouse is to blame for the breakup of the marriage through domestic violence or other misconduct.
When determining the amount to award in alimony payments, a family law judge will review several different issues. These include:
- The individual economic resources and earning power of each spouse
- The duration of the marriage
- Which parent will receive custody of the children
- The division of assets and debts
- Contributions rendered in the capacity of a homemaker and stay-at-home parent
Whether you are anxious to ensure that you will receive spousal support or you are worried that you may be ordered to pay alimony, you can come to O'Neil & Attorneys for help.
Get Help from Our Dallas, TX Divorce Lawyers
At O'Neil & Attorneys our experienced
team of divorce lawyers has more than 20 years of experience and has received numerous recognitions including board certification, the Martindale-Hubbell® AV® Rating, and inclusion in the
Texas Super Lawyers® list. We routinely work with outside experts such as certified public accountants, financial planners, investigators, and others who assist us in gathering the evidence we need to make a compelling case for our client.
Let us put our skill and experience to work for you. Contact O'Neil & Attorneys now for an initial consultation to discuss your concerns and learn more about how we address the issue of alimony.
Call us at (972) 852-8000!