Spousal Support in Texas

 

Spousal support, also called alimony, may be an issue in your divorce case. The professional staff at the office of Christopher H. Warren, can help you with Texas law on spousal support and how to apply the alimony laws to your individual situation.

 

The court may award two different classifications of spousal support: interim periodic support and final periodic support. The court may award a party an interim periodic allowance based on the needs of that party, the ability of the other party to pay, and the standard of living of the parties during the marriage. Interim periodic spousal support terminates on the judgment of divorce. However, if a claim for final spousal support is pending when the divorce is rendered, interim spousal support thereafter terminates upon rendition of the judgment awarding or denying final spousal support or 180 days from the judgment of divorce, whichever occurs first.

 

Final periodic spousal support is harder to get. The court must consider the following factors in determining the entitlement, amount, and duration of final support:

• Needs of the parties

• Income and means of the parties

• Financial obligations of the parties

• Earning capacity of the parties

• Effect of custody of the children on a party’s earning capacity

• Time necessary for the claimant to acquire appropriate education, training, and employment

• Health and age of the parties

• Duration of the marriage

• Tax consequences

 

An additional, very important condition for an award of final support is the claimant’s freedom of fault prior to filing divorce proceedings by either party. The court interprets “fault” to mean misconduct that rises to the level of one of the previously existing fault grounds for legal separation or divorce: adultery, conviction of a felony, habitual intemperance, cruel treatment or excesses that make living together insupportable, public defamation, abandonment, and intentional non-support.

 

Whether you are the spouse seeking spousal support or the spouse that is expected to pay alimony, our firm can assess your case and ensure that you are treated fairly by the court. We also represent clients in modification and/or enforcement of alimony orders.