Spousal Maintenance

Austin Spousal Maintenance Lawyer, Nikki Hudman

The subject of spousal support during the divorce process can be a complicated matter for couples and it’s important to note that all divorces do not include support. Eligibility, amount, and duration are all considerations that need to be made when determining spousal support. As an expert spousal support attorney, Nikki Hudman will be able to provide Austin citizens expert legal advice on what their options are.

Spousal Support Eligibility in Texas

The court must find a party eligible in order for them to be granted spousal support. Eligible parties are those who lack sufficient property in order to provide for themselves reasonably. Non-eligible parties can opt to agree to a post divorce support contract even if this is not something the courts have explicitly granted.
In addition, spousal maintenance may also be awarded if:

  • Acts of violence occurred during the marriage or while divorce was pending.
  • If the spouse seeking maintenance is not able, due to a disability, responsibilities to a child in her custody that requires substantial care, or the party has been married to their spouse for 10 or more years, to provide for her needs, the court may also award spousal support.

If a party cannot meet these conditions, they are not eligible for a court ordered spousal support. It is important to consult a spousal support lawyer to best determine eligibility.

Amount and Duration of Spousal Support

Factors including infidelity, attempts at finding employment, and other family contributions all factor into how much a party is awarded in terms of support. The amount given can be no support granted, a pre-determined amount, or the maximum amount available. Individual circumstances are all looked at by the court after eligibility is determined. Each case must be considered on an individual basis and advice from an expert spousal support attorney can help you determine amount and duration. The maximum amount of spousal support you can be ordered to pay is either $5,000 or 20% of your gross income. The amount can also be less than this if ordered by the judge due to the individual circumstances of the case.

A spousal support lawyer will let you know that support does not last forever and the duration of spousal support depends on how long the couple was married. The maximum time for couples married less than 10 years is five years, while spouses married for up to 20 years can receive spousal support for up to seven years. If you have been married for 30 years or more, you may be required to pay spousal support for 10 years. The only exception to this is if the paying spouse has committed an act of violence during the marriage, in which case you might be ordered to pay support indefinitely.

Contact Your Austin Spousal Maintenance Attorney

Contact Nikki Hudman if you need help with spousal support in Austin, Texas. We understand that this time is tense for many. We’ll do our best to help you through the process and help you come out with an arrangement that is both fair and sensible. Call us today at 512-827-8529 for more information.