Need help filing for Spousal Maintenance in Austin?
Contact The Law Office of Jackson F. Gorski for the help you’ll need.
We’ve all heard the common myth of Texas being a non-alimony state, but that isn’t true. Although we don’t refer to the post-divorce process of one spouse paying to support the other as alimony, there are statutes in the Texas Family Code that clearly define the process.
Spousal Maintenance, or alimony as it’s usually called, is a temporary monetary support order or agreement that’s separate from child support and property division.
If you’re looking for an experienced family lawyer in Austin to guide you through the process of either securing spousal maintenance or fighting such a request, call Attorney Jackson F. Gorski today at 512-960-4646 to arrange a consultation about your situation.
Spousal Maintenance & Texas Family Law
Eligibility for Spousal Support
Prior to being awarded spousal support from a Texas family court there are a few requirements the court must verify. In order to qualify for spousal support the requesting party must prove domestic assault/family-violence, disability, or a justifiable reason as to why they aren’t able to financially support themselves.
One form of justification is the “stay at home” parent. If the requesting party was out of the workforce for a considerable period of time, for the sake of the betterment of the family or the career or business of their spouse, a court may award the requesting party temporary spousal support.
However, the requesting party must prove they’re making a concerted effort to either re-enter the workforce or receive education and/or job training to become economically viable in the future. In other words, the “I won’t work so he or she’ll be forced to pay” strategy won’t work in Texas and could prove catastrophic for the requesting party.
If the requesting party isn’t eligible for spousal maintenance, both of the divorcing parties can create a post-divorce contractual agreement which may supersede the guidelines of the Texas Family Code. This is often done for tax purposes and for covering expenses that both parties agree to, but that the court may not have addressed.