(833) 553-4251
(833) 553-4251
A divorce could be one of the most trying times in anybody’s life. Even if there is a mutual desire to end the marriage, it still can take an enormous emotional toll on one or both partners. Divorce is a complex procedure in family law, and several aspects must be decided either by agreement between partners or by a judge. Spousal support, also called spousal maintenance or alimony, is one part of a divorce and is one of the most challenging.
If you are getting a divorce and want to request alimony, or you want to dispute your ex-spouse’s request, an experienced alimony lawyer at Kimbrough Legal could help secure your financial future. While you could go about this alone, the benefits of an Austin spousal support attorney by your side could help you better understand the legal complexities that come with these requests and provide representation for your position.
Spouses are not automatically eligible for spousal support after a divorce; they must request it in a court filing, and the judge has the discretion to approve or deny the request. Judges use several qualifying factors to determine if a spouse is eligible to receive spousal maintenance, such as each spouse’s financial condition and educational background, their individual property ownership, and their conduct during the marriage. Conduct during the marriage could include anything from contributions to the household and roles in childcare and any misconduct like adultery or violence.
Typically, the spouse requesting support must have been married to the other for at least 10 years and demonstrate an inability to earn a sufficient income on their own to meet their reasonable needs. If the spouse is disabled or the couple’s child has special needs, they could be eligible to receive spousal support. Additionally, alimony may be awarded in cases where the requesting spouse has been a victim of domestic violence from their ex-spouse.
Judges generally begin with the presumption that spousal maintenance is not available, so the burden is on the requesting spouse to convince the judge to approve their request. Even then, the judge has substantial discretion on how much to award and how long it will last. An Austin lawyer could help spouses requesting or contesting an alimony request and advocate for their side in front of the judge.
Texas state law puts limits on alimony requests and leaves the decision up to the judge, but that does not mean it is the only option. There are times when both spouses mutually agree that post-divorce support is needed, and one spouse voluntarily agrees to provide payments. This could happen when kids are involved, or both spouses want to avoid the time and effort commitments of going through the court procedures.
These agreements are sometimes referred to as contractual alimony—or contractual support—and could be a great way to deal with one part of the whole divorce process. An agreement also offers both spouses the advantage of coming to their own terms regarding the amount and time period of the support with no need for a judge to get involved.
However, both sides must recognize that this is a contract, a legally enforceable document that could have significant consequences if either side breaches its terms. As such, both spouses should fully understand their rights and obligations under the contract before they agree to it.
An Austin attorney could aid with these mutual spousal maintenance agreements and help ensure that the agreement is fair, clear, and enforceable.
If you need help with an alimony request, whether you are making the request or disputing one, call Kimbrough Legal to take advantage of the benefits of an Austin spousal support attorney. A lawyer could help you understand your legal options and advocate for a fair outcome.
Divorce is an emotionally challenging time, and a devoted attorney could provide support and advice throughout the process. Schedule a consultation with Kimbrough Legal to talk about your case.
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