Killeen Spousal Support Lawyer

There is no guarantee of spousal support—called spousal maintenance in Texas—in a divorce. The person requesting this form of financial support must demonstrate that they qualify due to a financial need once the divorce is finalized. If support payments is an issue in your divorce, consult with an experienced Killeen spousal support lawyer at Kimbrough Legal, PLLC, for help. A family law attorney from our firm could help you protect your rights and get you the financial assistance you need.

When Is Spousal Support Awarded?

According to Texas Family Code § 8.051, spousal support is reserved for cases involving one spouse who does not have the income or assets to continue covering their own minimum needs after a divorce. Additionally, the paying spouse must have the financial means to cover these expenses. One of the following factors must also apply before a court awards spousal maintenance in a divorce:

• The marriage lasted at least 10 years
• The spouse requesting support cannot cover their own financial needs as a result of a physical or mental disability
• The recipient is the primary custodial parent of a child of the marriage who requires significant care due to a physical or mental disability
• The paying spouse perpetrated domestic violence against the recipient or their child within two years of the case being filed or while the divorce was pending

In cases where the recipient can gain greater financial independence, the court will expect them to take the actions necessary to do so. This can involve pursuing further education, job training, or other ways of acquiring job skills. A Killeen attorney could help you determine if you may qualify for spousal maintenance payments, how long they might last, and what is expected of you as an earner.

Unique Factors That Affect Spousal Maintenance

When one spouse puts aside their career to raise children while the other continues to advance their own earning power, it puts the caregiver at a distinct financial disadvantage. Texas recognizes this fact and addresses it with spousal support. In these cases, the court considers factors including the education and employability of the spouse seeking support, and the amount of time the spouse seeking support would likely need to earn a sufficient income.

The age and overall mental and physical health of the spouse seeking support are also something courts consider when awarding spousal support. The closer they are to retirement, the more likely spousal maintenance becomes. The degree to which someone supported their spouse’s education, career, or overall earning power over the course of the marriage is also an important factor. Lastly, any financial fraud on the marital estate by either spouse, which includes hiding or spending marital assets, could alter payments. Getting help from a lawyer in Killeen could ensure you understand what factors may affect spousal maintenance payments.

The Duration of Spousal Support

There are only two instances when Texas courts will not set a specific end date for payments: When the recipient has a mental or physical disability or when they care for a shared disabled child. Otherwise, the time limits set for spousal support payments are as follows:

• If a marriage lasted at least 10 years and domestic violence played a role in the ruling, payments can continue for up to five years
• If a marriage lasted 10 to 20 years, payments are capped at five years
• If a marriage lasted 20 to 30 years, payments are capped at seven years
• If a marriage lasted more than 30 years, payments are capped at 10 years

State courts are motivated to set the shortest reasonable period needed for the recipient to become financially independent. Texas implements a cap on payments at 20% of the paying spouse’s average monthly gross income or $5,000 per month. A Killeen attorney could help ensure you are receiving fair spousal support payments within these limitations.

Contact a Killeen Attorney to Discuss Concerns About Spousal Maintenance Payments

At Kimbrough Legal, PLLC, we understand just how difficult it may be to obtain the spousal maintenance you deserve. An experienced Killeen spousal support lawyer could help you protect your financial rights and your future. Learn more and take the next step in your divorce by contacting us online or giving us a call today.