In Texas, alimony or spousal support is not considered to be part of the money remitted for child support or a division of the marital assets. Instead, this form of support is additional money, or money that one spouse pays his or her ex-spouse after a divorce. If the money is paid before the finalization of a divorce, it is called temporary spousal support.
Getting Advice from an Attorney
If you have been out of the workforce for some years and have been raising children, then you may need to obtain counsel from a family law lawyer in Orange, Texas. He or she can elaborate further on how you can make a request for spousal support. In many instances, a spouse who requests alimony feels that this money is owed, especially if he or she raised children and supported the other spouse’s career.
Therefore, consulting with a family law lawyer can be quite helpful if you want to make a request for alimony. For example, court-ordered spousal maintenance is usually restricted and temporary in Texas.
That is because the state is a community property state and everything is split almost 50-50 whether one or both people in the marriage worked.
Therefore, the court takes a stance that court-ordered spousal maintenance can demotivate a recipient from returning to work. That is because the community property laws are designed to safeguard the finances of lower-wage or non-working spouses.
Receiving Court-Ordered Spousal Maintenance
Needless to say, then, you want to fully review the laws for divorce with a well-experienced Orange family law lawyer. In order to receive court-ordered alimony, a spouse must prove one of the following:
1. That he or she was married for 10+ years and has made a diligent effort to develop work skills or make an income during the pending divorce.
2. That the other spouse in the marriage was violent.
3. That he or she has a disability that is incapacitating.
4. That his or her child has a disability that keeps him or her from earning money outside the home.
Needless to say, this is one area in which you need advice from a competent family attorney. Besides court-ordered alimony, contractual spousal maintenance may be an option too.
