Will Spousal Support Be a Factor in a Texas High Net Worth Divorce?

 Posted on September 16, 2020 in Spousal Support

Financial issues are likely to be a concern for anyone who is splitting up with their partner. In many high asset divorce cases, one spouse earns the majority of the family’s income, and the other spouse may be unable to make enough money to provide for their needs on their own. A spouse may ask for spousal support, which is also known as spousal maintenance or alimony, to be paid, giving them the means to pay for their ongoing expenses. However, spousal support is not awarded in every case, and spouses should be sure to understand how Texas’ divorce laws will apply in their situation.

When Is Spousal Maintenance Awarded?

The purpose of spousal support is to provide for the needs of a spouse who is unable to provide for their own minimum reasonable needs. Typically, a spouse will be eligible to receive spousal maintenance if the parties have been married for at least 10 years, and the spouse who is seeking spousal support does not currently have the means to support themselves. This will allow a spouse to receive ongoing support payments if they did not work during their marriage or relied primarily on their partner’s income to meet the family’s needs.

While spousal maintenance is rarer in marriages of less than 10 years, there are some situations where it may be awarded. These include cases where a spouse has a physical or mental disability that causes them to be unable to earn enough income to support themselves or where a spouse will be the custodial parent for a child who has a disability that requires a level of care that would prevent the parent from earning a sufficient income. A spouse may also be required to pay spousal support if they were convicted of family violence against the other spouse or their child during the marriage or divorce. Even if a spouse would not normally be eligible to receive spousal maintenance, a couple may agree that support will be paid as part of their divorce settlement, or the terms of a prenuptial agreement may require support to be paid.

When deciding whether spousal support is appropriate, a judge will consider whether each spouse will be able to provide for their own minimum reasonable needs based on the financial resources available to them at the time of the divorce. Other factors that may play a role in the decision include the spouses’ age, education, skills, employment history, and physical and emotional health, whether one spouse assisted the other in pursuing an education or advancing their career, and the contributions a spouse brought to the marriage as a homemaker. Any marital misconduct by either spouse, such as infidelity or abuse, may be factored into the decision, as well as any attempts to waste, conceal, or destroy community property owned by the couple.

Contact Our Austin, Texas Spousal Maintenance Attorneys

Whether you believe that you should receive spousal support or are unsure whether you or your spouse meet the eligibility requirements, Powers Kerr & Rashidi, PLLC can review your case, help you understand your rights, and advocate for an outcome that will provide for your needs. Our Austin spousal support lawyers will work to make sure you will have the financial resources to provide for yourself and your family once your divorce is complete. Call us today at 512-610-6199.

Sources:

https://statutes.capitol.texas.gov/Docs/FA/htm/FA.8.htm