Spousal Maintenance (Alimony in other jurisdictions)
The Texas Family Code does not provide for Alimony in Texas, but rather references Spousal Maintenance as a claim in certain circumstances during divorce. When evaluating if you are eligible for a claim of Spousal Maintenance, an attorney with experience and knowledge on the intricacies of Texas family law can help, and if needed, assist in requesting relief from a Court.
Alicia Lackey of Lackey Law Firm, P.C., offers legal assistance and guidance for requests for spousal maintenance or contractual agreements for alimony, as well as representing parties in disputes over an existing agreement or court order.
Factors Considered in Awarding Spousal Maintenance
Spousal Maintenance is an award in a suit for dissolution of a marriage of periodic payments from the future income of one spouse for the support of the other spouse. Factors that are considered in determining an award of Spousal Maintenance can include:
- The requesting party lacks sufficient property to provide for minimum reasonable needs;
- Family violence pattern or history;
- Incapacitating physical or mental disability;
- Length of marriage;
- In ability to earn sufficient income;
- Custodian of a child of the marriage of any age who requires substantial care and personal supervision because of a physical or mental disability that prevents the spouse from earning sufficient income;
- Ability of each to provide for that spouse’s minimum reasonable needs independently, considering that spouse’s financial resources on dissolution of the marriage;
- The education and employment skills of the spouses, the time necessary to acquire sufficient education or training to enable the spouse seeking maintenance to earn sufficient income, and the availability and feasibility of that education or training;
- The age, employment history, earning ability, and physical and emotional condition of the spouse seeking maintenance;
- The effect on each spouse’s ability to provide for that spouse’s minimum reasonable needs while providing periodic child support payments or maintenance, if applicable;
- The acts by either spouse resulting in excessive or abnormal expenditures or destruction, concealment, or fraudulent disposition of community property, joint tenancy, or other property held in common;
- The contribution by one spouse to the education, training, or increased earning power of the other spouse;
- The property brought to the marriage by either spouse;
- The contribution of a spouse as homemaker;
- Any marital misconduct, including adultery and cruel treatment, by either spouse during the marriage.
These factors require complicated and dependent considerations. Retaining the counsel of an experienced and knowledgeable Texas family law attorney can be valuable in requesting or defending a request for Spousal Maintenance.
Lackey Law Firm P.C. can assist clients in requesting or defending a request for:
- Spousal Maintenance – As outlined above and limited to the greater of $5,000 per month or 20% of the paying spouse’s average monthly gross income.
- Contractual Alimony – A contract between the two former spouses similar to spousal maintenance, with special considerations for enforcement.
- Temporary Spousal Support – A form of temporary payment provided to one of the spouses while their divorce is case still pending to maintain the access of community funds.
Why Lackey Law Firm?
Experienced Family Law Attorney – Alicia Lackey has experience in alimony and other cases related to family law, as well as in other useful fields such as litigation, criminal defense, and immigration in the Austin and Fredericksburg, Texas area.*
Dedication – You can expect professional, honest, and personalized legal services when you hire Alicia Lackey to be your legal defense. You deserve an attorney that listens to your particular needs, as well as keeps you informed towards the success of each case.
Compassion for Every Client – Aside from being skilled and knowledgeable in law, Alicia Lackey is an advocate for clients in building a better community in Texas, helping one family at a time.
Call now or fill out the Free Case Evaluation form to schedule a free phone consultation so Alicia can help you lead a financially sustainable life after divorce with proper alimony or spousal maintenance.
Lackey Law Firm, P.C. accepts Alimony or Spousal Maintenance and other Family Law related cases in Fredericksburg, Austin, Bee Cave, Lakeway, Rollingwood, West Lake Hills, The Hills, Spicewood, Dripping Springs, Stonewall, Harper, Luckenbach, Llano, Kingsland, Sunrise Beach, Buchanan Dam, Boerne, Comfort, Fair Oaks Ranch, Oak Hill, Cedar Park, Leander, Round Rock, Georgetown, Pflugerville, Liberty Hill, Burnet, Bertram, Marble Falls, Horseshoe Bay, Kerrville, Ingram, Johnson City, and Blanco.*
*Main Office is located in Austin Texas. All office locations are staffed by appointment only.