Alimony and Spousal Support Lawyer in San Antonio

Getting You the Financial Future You Deserve

A major aspect of getting a divorce is determining which parent will retain custody of the children and how much money each spouse will owe for child support. But what about alimony? Alimony is a form of financial support paid from one ex-spouse to another after a divorce and in some states the idea is to allow both spouses to maintain a similar standard of living they had when they were still together. The idea behind the system is that being married can be expensive, so it is only fair that one party bears most of the burden when the marriage ends. It is often said that Texas doesn’t have alimony, but what people will commonly call alimony in Texas is sometimes awarded to meet an ex-spouse’s proven minimum basic needs to survive for a period of time until they can become self-supporting. During the pendency of a divorce, we call the temporary alimony “spousal support.” After divorce, there are many rules and pre-qualifications, and we call what is commonly known as alimony by the term “spousal maintenance.”

In Texas, temporary alimony or spousal support can be awarded during a divorce proceeding until a final decree is issued if there are specific circumstances that make this necessary. The goal is to preserve the marital assets and the status quo, and to maintain stability for the children. No matter what family law and alimony-related needs you need assistance with, it’s never easy going up against the other party alone. The best thing you can do is hire a reputable alimony lawyer to fight for your rights and ensure you get a fair deal.

Divorce isn’t only about the division of assets and debts, child custody, or alimony. There are many different aspects that should be considered during a divorce case to achieve the most favorable outcome possible. If you’d like to discuss your situation with attorneys specializing in family matters in San Antonio today, call South TX Family Law at 210-775-0353.

What is Alimony?

Alimony is the regular payment one spouse makes to the other to provide support during or after a divorce proceeding. In Texas, a court order for post-divorce alimony is called “spousal maintenance.”

The court can order spousal maintenance if the spouse seeking support will not have enough property at the time of the divorce to provide for basic needs and one of the following criteria is met:

One spouse is convicted of committing family violence during the divorce or within two years before the divorce was filed
The spouse seeking support is unable to earn enough income because of a physical or mental disability
The spouses were married for ten years or longer, and the spouse seeking support is unable to earn enough income to provide for basic needs
The spouse seeking support has custody of a child who requires special care and supervision because of a mental or physical disability

How Long Do Spousal Support Payments Last?

After the need for a maintenance order has been approved, the judge will consider several factors to determine how much support will be and how long the support will last, including:

Each spouse’s financial resources at the time of the divorce
Each spouse’s education and employment skills
The duration of the marriage
The age, employment history, earning ability, and physical and emotional health of the spouse seeking maintenance
Whether either spouse is paying child support
Whether either spouse spent community property funds excessively or destroyed/disposed of joint property
Whether the spouse seeking support contributed to the education or training of the other spouse
The property each spouse brought to the marriage
Whether one spouse was a homemaker
Acts of adultery or cruel treatment by either spouse
Any family violence

No matter the circumstances, the court must limit the length of the order. This allows the spouse receiving payments to get on their feet and achieve the skills to be able to earn enough income to meet basic needs unless that spouse cannot do so because of a disability, an infant or young child of the marriage, or because there is some other reason that the spouse cannot be self-supporting. In most cases, the statute limits the period of time that the alimony can continue and the judges tend to award even less time than the statute’s maximum allowed.

How Can a San Antonio Alimony Attorney Help Me?

Alimony can be a contentious issue when going through a divorce. There have been many high-profile cases where athletes or celebrities receive massive payouts due to their celebrity status, which involves spousal support payments. However, those cases are generally not in a Texas court and this doesn’t mean that every case will proceed the same way. You may have heard of a friend or acquaintance who received a large sum, but that may have been due to a prenuptial agreement or a settlement agreement. Some spouses don’t qualify for any alimony at all under the statute. The amount awarded depends on several factors, such as the length of the marriage, income disparity between parties, total property acquired during the marriage (and its value), and more. This can be incredibly complicated without an experienced alimony attorney’s help. If there is enough community property to divide, the court is more likely to make a disproportionate division of community property than to award alimony. If alimony is your goal, you need an attorney who is prepared with evidence and persuasive arguments.

If an agreement is reached for a settlement that includes alimony, our attorneys are experienced in writing the order with specific language so that it can be enforced as a contract if needed later.

A divorce can be a stressful process for everyone involved, so it is essential to have someone who will fight for your rights and ensure you get a fair deal. At our law firm, we care about our clients and work hard to get them the results they deserve. Even if you feel like there isn’t much of a chance that you’ll receive any kind of support from your spouse, please contact us today so we can review your case and determine the best course of action.

What Other Family Law Matters Does Your Law Firm Handle?

At South TX Family Law, we handle various spousal maintenance issues, including representing paying and receiving spouses. We gather evidence on behalf of our clients to prove that they deserve fair spousal maintenance payments that meet their current and future needs. We are also ready to prevent divorcing spouses from being unfairly treated through spousal maintenance orders that are too high or not needed. We have also been successful in reducing or ending spousal maintenance later after the divorce because the evidence shows a change in circumstances.

In addition, we are prepared to handle other matters that arise during divorce proceedings, including:

Child custody issues
Child support
Asset division
Military retirement division
Visitation rights
Father’s rights
Grandparent’s rights
Adoption

Whatever step you are at in your divorce case, we will be there to guide you and fight for you. Our talented attorneys can minimize your costs and stress as we take on the legal burden and seek solutions as efficiently as possible. We can be your guides through mediation to avoid court battles and negotiate favorable solutions on your behalf. We’ll also stand by your side to enforce or modify court orders as needed. Call our legal team to protect your interests in your divorce settlement and reach favorable child support, child custody, and alimony arrangements.

Which Alimony and Spousal Support Law Firm is Right for Me?

Alimony payments for spousal maintenance should pay for reasonable needs. However, if a spouse is unfairly seeking alimony from you, you should not have to pay. Having a lawyer on your side can make all the difference in alimony cases. Our legal team can help back up your case and prove how much spousal maintenance, if any, is appropriate in your divorce.

We will gather evidence to show that your spouse can earn sufficient income to provide for their needs. Or, if you are seeking to receive spousal maintenance, we can determine whether you need rehabilitative alimony, permanent alimony, or another form of spousal support under Texas alimony laws. We can present your budget to the court and argue persuasively that you qualify and have a need for it.

Many factors are taken into consideration when looking at whether or not an alimony order is necessary. We take the guesswork out of alimony payments and spousal support cases to ensure you get the results you deserve. Please speak with our law firm today by calling 210-775-0353.