Trusted San Antonio Spousal Support Attorneys
In Texas, spousal support is referred to as “spousal maintenance” or “contractual alimony.” This is additional money, not part of a division of marital property or child support, that one spouse pays to the other to support the ex-spouse after the divorce. If this money is also paid before the divorce is finalized, it is called “temporary spousal support.” Whether or not spousal support will be included as part of the final divorce settlement is usually a highly controversial and contested subject. No matter what side you are on, if you are going through a divorce and spousal maintenance is an issue, contact the family attorneys of Allen & Roig, LLP for legal counsel and representation.
Contractual alimony is spousal support that the spouses agree to among themselves. The court will still have to approve the agreement. You will definitely want good legal representation so that you understand what the law allows for before you make any decisions.
Court Ordered Spousal Maintenance
The second type of spousal support is called “court ordered spousal maintenance” Court ordered spousal maintenance is the type of support a family judge can order either spouse to pay involuntarily in litigation and is ordered only in limited situations. The court may view this support as a financial bridge between divorce and self-sufficiency and is often referred to as “rehabilitative” support.
In general, the overall requirement for court ordered spousal maintenance is that the spouse must first prove that after divorce there will not be enough property to meet his or her monthly expenses. In addition, the spouse must prove at least one of the following:
- Marriage lasted ten years or longer
- Spouse made diligent efforts to either earn sufficient income or to develop necessary skills while the divorce is pending
- Other spouse has committed family violence
- Requesting spouse has an incapacitating disability that arose during marriage
- A child of the marriage has a physical or mental disability that hinders the spouse who cares for and supervises the child from earning sufficient income
The eligibility requirements for court ordered spousal maintenance are high, the amount and duration are restricted, and it can be changed or eliminated later.
Seek the Representation You Deserve
Each divorce and its circumstances is always unique. The law firm, Allen & Roig, LLP represents both women and men who are either seeking spousal support or opposing unreasonable spousal support. You will want to fully understand the opportunities and requirements involved. We have years of experience working with family law cases and representing the best interests of our clients. For guidance on how spousal support might apply to you, the spousal maintenance attorneys of Allen & Roig, LLP look forward to meeting with you, reviewing your situation, and discussing all aspects of your legal options. Call (210) 377-2529 Today!