Are Spousal Support Payments Needed?
In Texas, spousal support is not guaranteed. Spousal support, frequently referred to as alimony, is based on need and only ordered in specific situations. At Weinman & Associates, P.C. in Austin, we will review your case to determine whether spousal support will be an issue in your divorce. If so, we will take the necessary steps to see that payments are fair.
Circumstances That May Require Alimony Payments
In most cases, spousal support is intended to offset a financial imbalance between spouses. If both spouses have similar incomes and similar amounts of property, spousal support may not be necessary. Circumstances in which alimony payments may be necessary include:
- One spouse does not have sufficient property, including property awarded in the divorce, and cannot support himself or herself due to a mental or physical disability that prevents employment.
- One spouse does not have sufficient property to provide for minimal needs, and has custody of a child who requires stay-at-home care.
- The marriage lasted 10 years or more and one spouse does not have enough property to meet minimal needs, and also lacks sufficient earning capacity.
- One spouse was the victim of domestic violence committed by the other spouse within two years of the divorce filing.
Our lawyers have more than 20 years of experience in the area of family law. We can quickly determine whether you may be entitled to alimony payments or you may be required to make alimony payments. We will proceed to calculate a fair amount.
Calculation And Duration
Both the calculation and duration of spousal support depend on the situation. The amount can be up to 20 percent of the payer’s gross income, with a cap of $5,000 per month. The duration of the alimony is dictated not only by the situation, but also by the length of the marriage. The longer the marriage, the longer the duration of alimony payments, in most cases. In some situations, alimony may be awarded indefinitely, provided the spouse receiving the alimony continues to meet the criteria mentioned previously.