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(833) 553-4251
There will likely be many core areas of concern that require resolution when you and your spouse divorce. Spousal support is a frequently contested subject at the heart of many divorce cases. When you want to claim spousal support, or your spouse is trying to claim support payments, you should speak with a knowledgeable family attorney as soon as possible.
An Austin spousal support lawyer could help you better understand your rights and obligations. An experienced family attorney can provide the dedicated legal representation you need and deserve at every stage of your divorce case.
The court can award spousal support, also known as alimony or maintenance, in certain scenarios. Because spousal support is not automatically given, the court evaluates each situation to determine whether support is necessary, how much it should be, and the appropriate duration of payment. A court may consider numerous factors when determining whether to approve or deny a request for spousal support. These could include:
One situation where a spouse could qualify for spousal support is when the couple has been married for at least a decade and the spouse requesting support cannot provide for their basic needs despite taking steps to become financially independent. A spouse who is disabled and, therefore, unable to maintain their financial well-being may also be entitled to support from their former spouse.
Another circumstance that may qualify someone for support is when a couple’s child has significant needs from a disability that impacts the requesting spouse’s ability to earn a sufficient income. Individuals who have been victims of domestic violence by their former spouse may also be entitled to seek spousal support.
A divorcing couple may determine that one party will pay spousal support to the other by agreement. An Austin attorney could help someone assert their right to spousal support or ensure any payment obligations conform to the state’s legal guidelines.
Certain rules govern the amount and duration of spousal support that can be granted. Any award of spousal support may not exceed 20% of the paying party’s gross monthly earnings.
In addition, the spousal support award may not be more than $5,000 per month. Even when the paying spouse is a high-income earner, the maximum spousal support the other spouse can receive each month is $5,000.
State law also dictates how long support can be paid out, and the duration of the marriage is a significant factor in this decision. When the couple was married for at least a decade, but less than 20 years or the paying spouse was convicted of family violence, spousal support payments can continue for only five years.
The maximum period spousal support can be paid is seven years when the couple was married for at least 20 years but fewer than 30 years. Finally, when the couple was married at least 30 years, there is a 10-year cap on how long spousal support can be paid.
Spousal support payments would also end upon either party’s death, the receiving spouse’s remarriage, or the receiving spouse’s cohabitation with a new romantic partner. A lawyer in Austin could help determine the length of time spousal support is likely to be paid.
There are many factors the court will consider in determining whether to grant or deny a request for support. An Austin spousal support lawyer with the specialized experience and training needed can help you address alimony concerns and other elements of your divorce decree.
Kimbrough Legal could provide support and legal guidance throughout your case, whether you are seeking or being ordered to pay spousal maintenance. Call our office today to set up your private legal consultation.
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